High CourtsSingle Bench

Naved Ahamad @ Bhoora vs State Of Uttarakhand

Uttarakhand High Court · Decided on 23 September 2024 · Citation: (2024) 09 UK CK 0151

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 5, 11(1)
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 858 of 2024
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Judgment

14 paragraphs · 326 words

Ravindra Maithani, J

1.

Applicant is in judicial custody in FIR No.158 of 2024, under Sections 5 & 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Prem Nagar, District Dehradun. He has sought his release on bail.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, two slaughtered cows were found on the bank of a river.

4.

Learned counsel for the applicant would submit that co-accused were arrested who named the applicant as one of the person who was involved in the incident. There is no other evidence.

5.

Learned State Counsel would submit that no objection is required to be filed, as such, anticipatory bail application may be decided based on the material available on record. He would submit that co-accused named the applicant as a person who is also involved in the case.

6.

Having considered the entirety of facts, this Court is of the view that it is a fit case for anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:

(i) The applicant shall co-operate with the investigation.

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

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

(iv) The applicant shall deposit his passport with the AO. 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 AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.