Mahafuj vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant Mahafuj seeking anticipatory bail in Case Crime No. 319 of 2025, registered at Police Station Manglaur, District Haridwar under Section 3 read with Section 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007.

According to the First Information Report dated 10.04.2025, a secret information was received by the police party that a cow is being slaughtered in Maqbool Qureshi’s house. The police party raided the spot and recovered 40 kg. beef and other articles.

Heard Mr. Ravi Bisht, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Ravi Bisht, Advocate, contended that the applicant was not present on the spot. One co-accused Shahnawaz was arrested by the police. The name of the present applicant has come to light in the statement of the co-accused. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

Mr. Pradeep Lohani, Brief Holder, 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 Mahafuj, 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.