Mohd. Khursheed vs State Of Uttarakhand

Alok Kumar Verma, J

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.526 of 2023, registered at police station Bhagwanpur, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3/11 of the Prevention of Cruelty to Animals Act, 1960.

As per allegations of the First Information Report, informant Sharad Singh, Sub-Inspector was on patrolling duty along with other police personnel. On a secret information, they raided the spot and recovered 210 kg. of beef along with cutting tools. Co-accused Mumtiyaz was arrested. Name of one Kala and Momin have come to light in the confessional statement of the co-accused.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

Learned counsel for the State has submitted that as per instruction, Kala Alias Mohammad Khursheed (present applicant) was present on the spot at the time of the raid. She has opposed the Anticipatory Bail Application orally.

On the other hand, Mr. Gaurav Singh, Advocate, contended that the applicant was not present on the spot. Nothing was recovered from his possession. He has not been convicted by any Court, and, he is a permanent resident of District Haridwar.

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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Mohammad Khursheed, 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.

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.

Anticipatory Bail Application (No.631 of 2023) stands disposed of accordingly.