Raheesh Babu And Another vs State Of Uttarakhand

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants seeking anticipatory bail under Section 3/ 5/ 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.790 of 2021, registered at Kotwali Roorkee, District Haridwar.

As per the First Information Report, on a secret information, the police party raided the spot. The police party recovered 160 kg. of beef, two cows, two calves and other articles from the spot. Two co-accused Umar Gul and Sohail were arrested by the police. Two persons managed to escape from the spot. The name of the applicants came in the statements of the arrested person.

Heard Mr. Gaurav Singh, learned counsel for applicants and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. Applicants are not previous convict. They are permanent resident of District Haridwar, therefore, there is no chance of their absconding. Applicants were granted interim relief in WPCRL No.2351 of 2021, filed by them challenging the FIR. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. G.S. Sandhu, learned Additional Advocate General for the State, 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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. I t is directed that in the event of arrest of the applicants, namely, Raheesh Babu and Mohd. Sakib, 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 attend the trial court regularly and they shall not seek any unnecessary adjournment;

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

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

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them , the concerned authority will be free to move the Court for cancellation of the anticipatory bail.