Isatikhar And Others vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed for anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.352 of 2025, registered at Police Station Laksar, District Haridwar.

According to the First Information Report dated 26.03.2025, the police party raided the spot on a secret information. The police party recovered 120.56 kg. beef and other articles from the spot. There were seven persons on the spot. Seeing the police party, four persons managed to escape from the spot. The police party arrested three persons, namely Iqbal, Javed and Nafees by whom the police party was told that the names of those who escaped from the spot are Isatikhar, Musharrat, Siptain Ali and Rakiba (applicants).

Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. G.S. Sandhu, learned Addl. Advocate General for the State.

Mr. Mohd. Safdar, Advocate, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. Nothing was recovered from their possession. Applicants are perm anent residents of District Haridwar, therefore, there is no possibility of their absconding, and, they are not previous convicts.

Mr. G.S. Sandhu, 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 circum stances of the case, the present application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants, Isatikhar, Musharrat, Siptain Ali and Rakiba, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them , to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

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

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.