Mursalin Alias Munna 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. 380 of 2021, registered at police station Manglour, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per First Information Report, informant Shahzad Ali, Sub-Inspector, received a secret information. He along with other police personnel raided the spot and recovered 85 Kg of beef along with cutting tools. There were three co-accused persons present on the spot. The name of the present applicant has come in the confessional statements of the co-accused.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. V.S. Rathore, A.G.A. for the State.

Mr. Gaurav Singh, Advocate, has submitted that the applicant was not present on the spot. He has been falsely implicated by the co-accused. Applicant has no criminal history, and, he is a permanent resident of District Haridwar.

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 Mursalin alias Munna, 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. 632 of 2023) stands disposed of accordingly.