Imran vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Imran seeking anticipatory bail under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.63 of 2025, registered at Kotwali Roorkee, District Haridwar.

According to the First Information Report, on a secret information, the police party raided the spot on 21.02.2025. The police party recovered 250 kgs. of beef, one motorcycle and other articles from the spot. There were seven persons on the spot. Six persons managed to escape from the spot. One co-accused, namely Javed was arrested by the police party on the spot. Javed called the name of present applicant and other co-accused and asked them to run away from the spot.

Heard Mr. Faizan Ali, learned counsel holding brief of Mr. Shakib Husain, learned counsel for applicant and Mr. G.S Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State.

Mr. Faizan Ali, Advocate, has contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. He is not a previous convict. He is a perm anent resident of District Haridwar, therefore, there is no possibility of his absconding, and, two co-accused namely, Amzad and Parvej have been granted anticipatory bail vide order dated 04.03.2025.

Mr. G.S. Sandhu, learned Addl. Advocate General, has opposed the Anticipatory Bail Application orally.

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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant-Imran, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iv) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.