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Mudassir And Another vs State Of Uttarakhand

Uttarakhand High Court · Decided on 6 June 2024 · Citation: (2024) 06 UK CK 0104

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11 · Prevention Of Cruelty Upon Animals Act, 1960 — Section 3, 11
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 482 Of 2024
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Judgment

14 paragraphs · 341 words

Ravindra Maithani, J

1.

Applicants Mudassir and Gulsher seeks anticipatory bail in Case Crime No.258 of 2024, under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3/11 of the Prevention of Cruelty Upon Animals Act, 1960, Police Station Gangnahar, Roorkee, District Haridwar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 23.05.2024, police raided a premises and recovered beef and other articles. The FIR records that the applicants managed to escape from the place of incident.

4.

It is the case of the applicants that they have been falsely implicated; nothing was recovered from them; they are not previous convict.

5.

Learned State Counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. She would submit that when police raided the premises, the applicants managed to escape.

6.

Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:-

(i) The applicants shall co-operate with the investigation.

(ii) The applicants shall not approach any witness in any manner, whatsoever.

(iii) The applicants shall not leave the country without prior permission of the court concerned.

(iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.

(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.