Alisher And Another vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Alisher and Jaheer @ Pappa seeks anticipatory bail in Case Crime No.279 of 2020 (Criminal Case No.41 of 2024), under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Jhabrera, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 23.07.2020, police raided a premises and recovered beef and other articles, but the applicants managed to escape.

It is the case of the applicants that nothing was recovered from them; they have been merely named based on the statement of the co-accused; they are not previous convict.

Learned State Counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. He would submit that when police raided the premises, the applicants managed to escape.

Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the court concerned. In addition to it, the applicants shall also comply with the following conditions:-

(i) The applicants shall not approach any witness in any manner, whatsoever.

(ii) The applicants shall not leave the country without prior permission of the court concerned.

(iii) The applicants shall deposit their passports with the court concerned. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the court concerned.

(iv) The applicants shall also give an undertaking on (i) & (ii) above.