Farman Ali And Another vs State Of Uttarakhand

Ravindra Maithani, J

Applicants Farman Ali and Sonu @ Saga @ Shamshad seek anticipatory bail in Case Crime No.691 of 2023, under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Gangnahar, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 23.11.2023, the police recovered beef and other articles from a place. Some of the persons were arrested at the spot, but the applicants managed to escape.

It is the case of the applicants that they have not committed any offence; nothing was recovered from them; their custodial interrogation is not at all required.

Learned State Counsel would submit that no separate objection is required to be filed, as such, but he would submit that the applicants managed to escape from the place of incident.

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

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicants shall be enlarged on bail on their 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 applicants shall also comply with the following conditions:-

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

(ii) The applicants shall not approach any witness in any manner, whatsoever.

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

(iv) The applicants shall deposit their passports with the IO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the IO.

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