Nadim vs State Of Uttarakhand

Alok Kumar Verma, J

Apprehending his arrest, applicant – accused Nadim has filed the present Application under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in respect of First Information Report No.123 of 2023, registered at police station Pulbhatta, District Udham Singh Nagar under Section 3/5/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR dated 22.06.2023, on secret information, police party raided the spot. Total 38 kg. of beef was recovered from the spot. Co-accused Taslim was arrested. Name of the present applicant has come to light in the confessional statement of co-accused Taslim.

Heard Mr. Ravi Bisht, learned counsel for the applicant and Mr. P.S. Uniyal, learned Brief Holder for the State.

Mr. Ravi Bisht, Advocate, contended that the applicant was not present at the spot. He has been falsely implicated by the co-accused Taslim. Co-accused Taslim has been granted regular bail and the applicant has no criminal history.

Learned counsel for the State has opposed the 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 Nadim, 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. 580 of 2023) stands disposed of accordingly.