CourtKutchehry.com
High CourtsSingle Bench

Mohd. Akbar Alias Akbar vs State Of Uttarakhand

Uttarakhand High Court · Decided on 26 July 2023 · Citation: (2023) 07 UK CK 0173

HON’BLE JUDGES
Alok Kumar Verma, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11(1) · Constitution Of India, 1950 — Article 21
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No. 604 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 334 words

Alok Kumar Verma, J

1.

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in connection with Case Crime No.0159 of 2023, registered at police station Kunda, District Udham Singh Nagar under Section 3/5/11 (1) of the Uttarakhand Protection of Cow Progeny Act, 2007.

2.

As per FIR, informant Praveen Singh, Sub-Inspector, was patrolling along with other police personnel on 22.07.2023. On a secret information, they raided the spot. 175 Kg. beef and cutting tools were recovered from the spot. Seeing the police, two persons managed to escape from the spot. Present applicant was recognized by the police personnel.

3.

Mr. Sanjay Kumar, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not present at the spot. Nothing was recovered from his possession. He has not been convicted by any Court, and, he is permanent resident of District Udham Singh Nagar.

4.

Mr. V.S. Rathore, A.G.A., has opposed the Anticipatory Bail Application orally.

5.

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.

6.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Mohd. Akbar alias Akbar, he will be released on Anticipatory Bail on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/Arresting Officer with the condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

7.

It is clarified that if the applicant misuses or violates the said condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

8.

Anticipatory Bail Application (No.604 of 2023) stands disposed of accordingly.