In a significant reaffirmation of constitutional rights, the Uttarakhand High Court has granted bail to three individuals accused under the stringent Uttarakhand Protection of Cow Progeny Act, 2007. The court, in three separate orders passed in late 2024 and early 2025, strongly underscored the legal maxim that "bail is the rule and jail is the exception," while highlighting the paramount importance of personal liberty enshrined in Article 21 of the Indian Constitution.
Court's Emphasis on Fundamental Rights and Liberty
Justice Alok Kumar Verma, who heard all three bail petitions, delivered a consistent message across the rulings. The bench explicitly stated that refusal of bail constitutes a restriction on the personal liberty of an individual, a right guaranteed under Article 21. The court clarified that the objective of detaining an accused during trial or investigation is not punishment but primarily to ensure their attendance before the court.
In its orders, the High Court held that there was no compelling reason to keep the applicants behind bars for an indefinite period. It repeatedly concluded that, without expressing any opinion on the ultimate merits of the cases, the accused deserved to be released on bail at the current stage of proceedings. The court directed their release upon furnishing a personal bond and two reliable sureties.
Details of the Three Cases from Haridwar
All three cases were registered in the Haridwar district of Uttarakhand. The first case involved an accused named Afzal, who was arrested in September 2024 after police allegedly recovered 20 kilograms of beef. He was booked under Sections 3 (prohibition of cow slaughter), 5 (prohibition of transport of cow progeny) read with Section 11 (possession of beef, illegal transport) of the Act. The High Court granted him regular bail on January 5, 2025.
In the second case, the court granted anticipatory bail to Iliyas on January 3, 2025, describing personal liberty as a "very precious fundamental right." Iliyas was booked in 2022 at Laksar Police Station after a police raid allegedly led to the seizure of 85 kilograms of beef. The prosecution claimed that on November 25, 2022, police received information that Iliyas and others were slaughtering a cow in a sugarcane field. His anticipatory bail plea had been earlier rejected by a trial court in Laksar in December 2024.
The third accused, Yunus, was granted bail on December 30, 2024. According to the prosecution, Haridwar police, acting on a tip-off on November 18, 2023, raided a spot near a sugarcane field where certain persons were allegedly slaughtering a cow. The police claimed to have recovered 180.59 kilograms of beef. While six persons allegedly fled, Yunus was arrested on the spot.
Conditions and Legal Implications
The bail grants came with standard conditions, including regular appearance before the trial court, non-interference with witnesses, and, in the case of anticipatory bail, a restriction on leaving the country without the court's permission. The court made it clear that any violation of these conditions could lead the prosecution to seek cancellation of bail.
These rulings reinforce the judiciary's role in balancing the enforcement of special laws with the protection of fundamental rights. By invoking the "bail is rule" principle, the Uttarakhand High Court has highlighted that pre-trial detention should not be punitive and must be justified by compelling circumstances specific to each case.
