Murad Ali 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. 653 of 2023, registered at police station Manglaur, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR, informant Hakam Singh, Sub-Inspector, was busy on patrolling duty along with other police personnel. A person was coming with a plastic bag and a knife. Seeing the police, he left the plastic bag and knife and ran away from the spot. It was told by Constable Arjun that one who ran away from the spot is Murad Ali (present applicant). Police recovered 35 kg of beef along with a knife from the spot.

Heard Mr. Raj Kumar Singh, learned counsel holding brief of Ms. Radha Arya, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. along with Mrs. Shivali Joshi, learned Brief Holder for the State.

Mr. Raj Kumar Singh, Advocate, contended that the applicant was not present on the spot. Nothing was recovered from his possession. He has been falsely implicated in the present matter. Applicant has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no likelihood of his absconding as well.

On the other hand, learned counsel for the State 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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Murad Ali, 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. 657 of 2023) stands disposed of accordingly.