Monu Alias Abdul Rahman vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Monu alias Abdul Rahman seeking anticipatory bail under Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.273 of 2025, registered at Police Station Laksar, District Haridwar.

As per the First Information Report dated 04.03.2025, the police party raided the spot on a secret information. The police party recovered 15 kgs. of beef from the spot. Co-accused Raees was arrested by the police party. He told the police that he purchased the recovered beef from Monu (applicant).

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. G.S Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, has contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. Nothing was recovered from his possession. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

Mr. G.S. Sandhu, learned Addl. Advocate General, 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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicant-Monu alias Abdul Rahman, 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.