Irshad 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 under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in connection with the Case Crime No.437 of 2023, registered at police station Ranipur, District Haridwar.

As per the First Information Report dated 28.09.2023, Sub-Inspector Arjun Kumar, informant, along with other police personnel was busy in checking the vehicles. On a secret information, they raided the spot. Police party recovered 45 kg. beef along with cutting tools from the spot. Two accused persons were arrested on the spot. They stated in their confessional statements that the recovered beef was purchased by them from Irshad (present applicant).

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.

Mr. Mohd. Safdar, Advocate, submits that the applicant was not present on the spot. He has been falsely implicated by the co-accused persons. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He has no criminal history, 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 Irshad is ordered to be released on Anticipatory Bail, in the event of his arrest, on furnishing a personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

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

(ii) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required;

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.910 of 2023) stands disposed of accordingly.