Jamshaid Alias Poni vs State Of Uttarakhand

Alok Kumar Verma, J

This 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.174 of 2025, registered at Police Station S.I.D.C.U.L., District Haridwar.

As per the First Information Report dated 09.04.2025, the police party received a secret information that Munsar alias Dadu, Jamshaid (present applicant) and Haider slaughtered a cow in the morning and Munsar alias Dadu has kept the beef in his house to sell it. The police raided the spot and recovered 80 kg. beef and other articles from the spot. Co-accused Munsar alias Dadu was arrested. He told that he along with Jamshaid (the present applicant) and Haider slaughtered a cow in the morning.

Heard Mr. Mohd. Alauddin, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

Mr. Mohd. Alauddin, Advocate, submitted that the applicant has been falsely implicated by the co-accused. He was not present on the spot. The cow was not slaughtered by him. The alleged beef was not recovered from his possession. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

Mr. G.S. Sandhu, learned Additional Advocate General for the State 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Jamshaid alias Poni, 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 clarified 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.