Kurban vs State Of Uttarakhand

Alok Kumar Verma, J

This Application for anticipatory bail has been filed in Case Crime No.1220 of 2025, registered at Police Station Laksar, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

An anticipatory bail application was filed by the applicant before the Sessions Court. Learned Additional District & Sessions Judge, Laksar, District Haridwar has rejected the said Application (ABA No.190 of 2025) on 17.12.2025.

According to the First Information Report, on 03.12.2025, the police received a secret information that Kurban (applicant), Iqbal and Javed are going to slaughter a cow. The police raided the spot. All the three persons managed to escape from the spot. The police recovered 240 Kg. beef and other articles from the spot.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. Mohd. Safdar, Advocate submitted that the applicant has been falsely implicated by the police. Nothing was recovered from the possession of the applicant. The place of the alleged recovery does not belong to the applicant. Applicant has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.

Mr. Tumul Nainwal, Assistant Government Advocate 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-Kurban, 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.