High CourtsSingle Bench

Chand Alias Mohammad Aleem vs State Of Uttarakhand

Uttarakhand High Court · Decided on 8 November 2023 · Citation: (2023) 11 UK CK 0056

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 1010 Of 2023
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Judgment

14 paragraphs · 288 words

Ravindra Maithani, J

1.

Applicant Chand Alias Mohammad Aleem seeks anticipatory bail in FIR No.0353 of 2023, under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Jhabreda, District Haridwar.

3.

Heard learned counsel for the parties and perused the record.

4.

According to the FIR, on 15.06.2023, police recovered 270 Kgs beef and other cutting instruments from a place. The FIR records that the accused managed to escape.

5.

Learned counsel for the applicant would submit that co-accused have already been granted anticipatory bail by this Court, and the role of the applicant is not dissimilar.

6.

Learned State Counsel admits these facts.

7.

Having considered, this Court is of the view that this is a case in which the applicant should be granted anticipatory bail. Accordingly, the anticipatory bail application deserves to be allowed.

8.

The anticipatory bail application is allowed.

9.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Investigating Officer (“IO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness/victim in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the concerned court.

(iv) The applicant shall deposit his passport with the Investigating Officer (“IO”). The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.