Asgar Ali 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 applicant Asgar Ali seeking anticipatory bail in Case Crime No.510 of 2024 under Section 3 and Section 5 read with Section 11 (1) of the Uttarakhand Protection of Cow Progeny Act, 2007, registered at Police Station Rudrapur, District Udham Singh Nagar.

As per the First Information Report, on a secret information, the police party raided the spot on 13.10.2024 and recovered 66 kgs. of beef from the spot. A person fled from the spot. Constable Amit Joshi and Constable Mahendra Kumar had told that the name of the person, who escaped from the spot, is Asgar Ali.

Heard Mr. R.K. Rawat, learned counsel holding brief of Mr. Ayush Saxena, learned counsel for applicant and Mr. G.S Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State.

Mr. R.K. Rawat, Advocate, has contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He was not present on the spot. He does not have any criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no likelihood of his absconding.

Mr. G.S. Sandhu, Addl. Advocate General, 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. It is directed that in the event of the arrest of the applicant Asgar Ali, 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 cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iv) 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.