Aashu Alias Aas Mohammad And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants seeking anticipatory bail in the First Information Report bearing registration no. 152 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report, a secret information was received by the police party on 06.05.2025 that Aashu (applicant no.1), Danish (applicant no.2), Suhail (applicant no.3) and other co-accused slaughtered a cow in the morning. At around 12:50 p.m., five persons arrived on two motorcycles and ran away after seeing the police. Police party recovered 25 kg. beef, other articles and one splendor motorcycle (registration no. UK 17 U 1475) belonged to the co-accused Munna alias Aftab.

Heard Mr. Rajveer Singh, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the State.

Mr. Rajveer Singh, Advocate, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. Applicants are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding.

Mr. Pratiroop Pandey, A.G.A., on the other hand, has opposed the anticipatory bail application orally.

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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Aashu alias Mohammad, Danish and Suhail, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.