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Judgment
14 paragraphs · 370 wordsRavindra Maithani, J
Applicants Guljar and Sajid seek anticipatory bail in Case Crime No.0799 of 2024, under Sections 3/5/11 of the Uttarakahnd Protection of Cow Progeny Act, 2007, and Section 3/11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Manglour, District Haridwar.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 18.09.2024, the house of the applicant no.1, Guljar, was raided by the police and recovered beef and other articles. Co-accused was arrested but the applicants managed to escape.
Learned counsel for the applicants would submit that nothing was recovered from the applicants; they were not present at the place of incident; the applicants are not previous convict; the applicants have been implicated based on the statement of co-accused.
Learned State Counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. He would submit that when the police raided the place of incident, the applicant managed to escape; one of the co-accused has been arrested.
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, by each one of them, to the satisfaction of the Arresting Officer (“AO”). 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 court concerned.
(iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passports, they shall give an undertaking to that effect to the AO.
(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.