Khurasheed Alias Kala vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Khurasheed alias Kala seeking anticipatory bail in the First Information Report bearing registration no.146 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report dated 30.04.2025, a secret information was received by the police party that Khurasheed alias Kala (applicant), Aleem, Sakib and others are slaughtering a cow. The police party raided the spot and observed that nine persons were present on the spot. The police party recovered 1000 kilograms beef and other articles from the spot. Two co-accused were arrested, whereas seven persons managed to escape from the spot.

Heard Mr. Rajveer Singh, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Rajveer Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, seven co-accused have already been granted anticipatory bail by this Court.

Mr. Pradeep Lohani, Brief Holder 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- Khurasheed alias Kala, 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.