Muntyaj 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 the Case Crime No. 752 of 2023, registered at police station Manglaur, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

Informant-Sharad Singh, Sub-Inspector, lodged an FIR on 13.09.2023 that he was busy in patrolling duty along with other police personnel. They raided the spot on a secret information. They recovered 85 Kg of beef, cutting tools and other articles from the spot. Four persons were present on the spot. Two persons were arrested by the police. Two persons fled from the spot. The arrested co-accused persons told the police that they along with Muntyaj (present applicant) had slaughtered a calf.

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

Mr. Gaurav Singh, Advocate, submits that the applicant was not present on the spot. He has been falsely implicated by the co-accused persons. The place of recovery does not belong to the present applicant. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the said offences are triable by Magistrate.

Learned counsel for the State has opposed the Anticipatory Bail Application.

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, applicant- Muntyaj is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

(i) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(ii) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required;

(iii) Applicant shall not leave the country without previous permission of the Trial Court.

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

Anticipatory Bail Application (No. 922 of 2023) stands disposed of accordingly.