Nafis alias Naseem Alias Tundi 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 Case Crime No.166 of 2021, registered at police station Kaliyar Shareef, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR, informant Gambheer Singh Tomar, Sub-Inspector, along with other police personnel was busy in patrolling duty. On a secret information, they raided the spot. Five persons were present on the spot. Seeing the police, out of the five persons two persons managed to escape from the spot. 200 Kg. beef and cutting tools were recovered from the spot. Three co-accused persons were arrested. The name of the present applicants has come to light in the confessional statements of the co-accused persons.

Mr. Rajveer Singh, Advocate, contended that the applicants have been falsely implicated by the co-accused persons. They were not present on the spot. Nothing was recovered from their possession. They have not been convicted by any Court. They are permanent resident of District Haridwar.

On the other hand, Mrs. Manisha Rana Singh, A.G.A., 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 applicants Nafis alias Naseem alias Tundi and Waseem alias Pur, they will 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 condition that the applicants 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 applicants misuse or violate the said condition, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.613 of 2023) stands disposed of accordingly.