Arif vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Arif for anticipatory bail in Case Crime No.728 of 2021 (Criminal Case No.2200 of 2023), registered at Police Station Manglaur, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

According to the First Information Report dated 28.07.2021, co-accused Majid was apprehended by the police. The police recovered 310 Kg. beef from his Santro car bearing registration no.UA04D 9703. He told the police that two cows were slaughtered by him and his brother Arif (present applicant).

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated by co-accused Majid. Nothing was recovered from his possession. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding, and, charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Pradeep Lohani, Brief Holder for the State 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 applicant-Arif, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.