Mursalin And Another 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.360 of 2023, registered at police station Bahadrabad, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the FIR, informant Pankaj Kumar, Sub-Inspector, along with other police personnel was busy in checking the vehicles on 08.09.2023. On a secret information, they raided the spot. There were four persons present on the spot, who were talking to each other by calling each other’s name. Seeing the police, all the four persons managed to escape from the spot. The police party recovered 90 Kg. beef and a knife from the spot.

Mr. Mohd. Safdar, Advocate, contended that the applicants have been implicated in the present matter. They were not present on the spot. Nothing was recovered from their possession. They are permanent resident of District Haridwar, therefore, there is no chance of their absconding.

On the other hand, Mr. Rakesh Negi, Brief Holder, 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, it is directed that in the event of arrest of the applicants Mursalin and Jaheer, they shall be released on Anticipatory Bail on furnishing their 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 following conditions:-

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

(ii) Applicants shall cooperate with the Investigating Agency and they will make themselves available at the time of interrogation by the Investigating Agency as and when required;

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

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.816 of 2023) stands disposed of accordingly.