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Judgment
13 paragraphs · 488 wordsAlok Kumar Verma, J
This Application has been filed for anticipatory bail in Case Crime No. 80 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960.
On 19.03.2025, a secret information was received by the police that Anjeem, Rehman and Imran are slaughtering a cow. The police raided the spot. Three persons were present at the spot. They managed to escape from the spot. The police recovered 175.53 kg. of beef, one calf and other articles from the spot.
Heard Mr. Faizan Ali, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the State.
Mr. Faizan Ali, learned counsel appearing for the applicant, contended that the applicant was not present on the spot. He has been falsely implicated by the police. The alleged beef and articles were not recovered from the possession of the applicant. The place of recovery does not belong to the applicant. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding, and, co-accused Imran Ali and Rehman have already been granted anticipatory bail by this Court in Anticipatory Bail Application No.308 of 2025.
Mr. Deepak Bhardwaj, learned Brief Holder, 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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant–Azeem, 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 clarified 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.
