Aarif vs State Of Uttarakhand

Alok Kumar Verma, J

Apprehending his arrest, applicant-accused has filed the present Application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with the First Information Report No.323 of 2023, registered at police station Kotwali Roorkee, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 353 of the Indian Penal Code, 1860.

As per FIR dated 16.05.2023, informant-Ashish Kumar, Sub-Inspector, was in patrolling duty along with other police personnel. On a secret information, they raided the spot. Four persons were present on the spot. Police recovered 275 Kg. beef, cutting tools and a electronic scales from the spot. Two accused persons Majid and Jubair were arrested. Two persons managed to escape from the spot. The name of the present applicant came to light in the confessional statements of the co-accused persons.

Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. He has no criminal history, and, he is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

Mr. V.S. Rathore, A.G.A., has opposed the Anticipatory Bail Application orally.

On 20.06.2023, present applicant was granted Interim Anticipatory Bail.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

In the facts and circumstances of this case and having regard to the submissions of learned counsel for both the parties, confirming the Interim Anticipatory Bail order dated 20.06.2023, it is directed that in the event of arrest, applicant Aarif will be released on Anticipatory Bail on furnishing a personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/ Arresting Officer with the following conditions:-

(i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(ii) Applicant shall cooperate with the Investigating Agency and he will make himself available at the time of interrogation by the Investigating Agency as and when requires;

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.483 of 2023) stands disposed of accordingly.