Arif vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in connection with Case Crime No.392 of 2023, registered at police station Laksar, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR dated 03.05.2023, informant, Sub-Inspector Ashish Kumar was on patrolling duty along with other police personnel. They raided on the spot on a secret information. They recovered 48 Kg. beef along with cutting tools. Co-accused Abdul Latif was arrested on the spot. Present applicant managed to escape from the spot.

Mr. Mohd. Safdar, Advocate, contended that the applicant was not present on the spot. Nothing was recovered from his possession. He has been implicated by the co-accused. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

On the other hand, Mrs. Pushpa Bhatt, Deputy Advocate General has opposed the Anticipatory Bail Application. However, she has fairly conceded that the applicant has no criminal history.

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 the case, it is directed that in the event of arrest of the applicant Arif, he will be released on Anticipatory Bail on furnishing his 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 required;

(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.601 of 2023) stands disposed of accordingly.