Amzad And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking anticipatory bail under Section 3/ 5/ 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.63 of 2025, registered at Kotwali Roorkee, District Haridwar.

As per the First Information Report, the police party raided the spot on 21.02.2025. The said raid was conducted on a secret information. The police party recovered 250 Kg. of beef along with a motorcycle and other articles from the spot. One co- accused Javed was arrested by the police party. Six persons managed to escape from the spot.

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

Mr. Gaurav Singh, Advocate contended that the applicants have been falsely implicated in the present matter. They are innocent person. They were not present on the spot. They have no criminal antecedents. They are perm anent residents of District Haridwar, therefore, there is no chance 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 circum stances of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. I t is directed that in the event of arrest of the applicants, namely, Amzad and Parvej, 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) I f 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 made clear 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.