Nadeem vs State Of Uttarakhand

Ravindra Maithani, J

Applicant seeks anticipatory bail in Case Crime No.169 of 2022 (Criminal Case No.243 of 2022), under Sections 3, 5, 11 of the Uttarakahnd Protection of Cow Progeny Act, 2007, Police Station Gangnahar, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 02.03.2022, police intercepted a vehicle and recovered beef and other articles. Co-accused were arrested. The co-accused named the applicant as another person, who was also involved in the offence.

Learned counsel for the applicant would submit that merely based on the statements of the co-accused, the applicant has been arrested; the chargesheet has already been filed; during investigation, the arrest of the applicant was protected by the Court; no arrest warrants have been issued against the applicant; summons have been issued.

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. He would submit that the co-accused have named the applicant as the person, who was also involved in the offence.

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

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the court concerned.

(iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (i), and (ii) above.