Nurjaha 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.41 of 2019 registered at police station Buggawala, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report, police party raided the spot on 19.03.2019. Seven persons were present on the spot. Seeing the police, five persons managed to escape from the spot. 200 Kg. beef and cutting tools were recovered from the spot. Co-accused Kurban and Sattar were arrested. The arrested persons stated in their confessional statements that the applicant was also among those who fled from the spot.

Mr. Gaurav Singh, Advocate, contended that the applicant Smt. Nurjaha, aged about 69 years, has been falsely implicated by the co-accused persons. She was not present on the spot. Nothing was recovered from her possession. She has no criminal history. She is a permanent resident of District Haridwar, therefore, there is no possibility of her absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, one co-accused of the similar role has been granted anticipatory bail by this Court.

Mr. M.A. Khan, learned 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, applicant- Nurjaha is directed to be released on Anticipatory Bail, in the event of her arrest, on furnishing her personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

(i) Applicant shall attend the Trial court regularly and she shall not seek any unnecessary adjournment;

(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

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

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.969 of 2023) stands disposed of accordingly.