Akbar And Another vs State Of Uttarakhand

Alok Kumar Verma, J

This is an Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Case Crime No. 242 of 2025, registered at Police Station Pathri, District Haridwar under Sections 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

On a secret information, the police party raided the spot on 29.04.2025 and recovered 200 kg. beef and other articles from the spot. The police party observed that four persons were present on the spot. Three persons managed to escape from the spot. One co-accused, namely, Sajid was arrested. He told that Akbar, Bhura alias Kobra and Nadim were also slaughtering the cow.

Heard Mr. Sushil Kumar, learned counsel for the applicants and Mr. Pratiroop Pandey, learned A.G.A. for the respondent.

Mr. Sushil Kumar, Advocate, submitted that the applicants have been falsely implicated in the present matter by the co-accused Sajid. They were not present on the spot. Nothing was recovered from their possession. They 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., 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 Akbar and Mujammil alias Bhura alias Kobra, 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.