Pindu Alias Shamsher Ali And Another vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicants-Pindu alias Shamsher Ali and Rashid seeking anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.118 of 2025, registered at Police Station Bhagwanpur, District Haridwar.

As per the First Information Report, the police party received a secret information on 06.04.2025 that Pindu, Rashid (applicants) and Waseem alias Beera are slaughtering the cows. The police party raided the spot and recovered 100 kg of beef and other articles. All the accused managed to escape from the spot.

Heard Mr. Rajveer Singh, learned counsel (through video conferencing) for applicants and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Rajveer Singh, Advocate, contended that the applicants are innocent persons. They have been falsely implicated in the present matter. They were not present on the spot. They are not previous convicts. They are permanent resident of District Haridwar, therefore, there is no possibility of their absconding.

Mr. Pratiroop Pandey, learned A.G.A. appearing for the State, on instructions, 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.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants, namely, Pindu alias Shamsher Ali and Rashid, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.