Badra Alias Muntaaj 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 under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 in connection with the First Information Report No. 707 of 2023, registered at police station Bhagwanpur, District Haridwar.

On 01.10.2023, on the basis of a secret information received regarding cow slaughtering, informant-Rishikant Patwal, Sub-Inspector, along with other police personnel and Azad and Shahanwaz, public witnesses, raided the spot. Four persons were present on the spot. Seeing the police, they managed to escape from the spot. Azad and Shahanwaz told the police that Esheak’s son Badra alias Muntaaj (present applicant) was also among those who fled from the spot.

Mr. Pranav Singh, Advocate, contended that the applicant, aged about 67 years, was not present on the spot. Nothing was recovered from his possession. He has been falsely implicated by Azad and Shahanwaz. Co-accused Mohd. Mustafa has already been granted bail by this Court. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

Learned counsel for the State has opposed the Anticipatory Bail Application.

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, applicant- Badra alias Muntaaj is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on 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 shall make himself available at the time of interrogation by the Investigating Agency as and when required;

(iii) 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 condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No. 936 of 2023) stands disposed of accordingly.