Farman 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 in connection with the Case Crime No. 160 of 2021 (Criminal Case No. 428 of 2022) registered at police station Jhabrera, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report dated 06.05.2021, informant Mohan Kathait, Sub-Inspector, was busy in maintaining law and order along with other police personnel. On a secret information, they raided the spot. Three persons were present in the house of Jaheer (co-accused). Police party recognized all the three persons. Seeing the police, all the three persons managed to escape from the spot. Police party recovered 70 Kg of beef and other articles from the house of Jaheer. Upon conclusion of investigation, charge-sheet has been filed.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. M.K. Chand, learned A.G.A. along with Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Mohd. Safdar, Advocate, submits that the applicant has been falsely implicated by the police party. He was not present on the spot. Nothing was recovered from his possession. The spot does not belong to the present applicant. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, the said offence is triable by Magistrate.

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- Farman is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bonds of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

(i) Applicant shall attend the Trial Court regularly and he shall not seek any unnecessary adjournment;

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

(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. 988 of 2023) stands disposed of accordingly.