Rajid 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 under Sections 3/5/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007 in connection with the Case Crime No. 125 of 2021 (Criminal Case No. 28 of 2024), registered at police station Pulbhatta, District Udham Singh Nagar.

Heard Mr. Gaurav Panwar, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the applicant and Ms. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Gaurav Panwar, learned counsel appearing for the applicant contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He was not present on the spot. He does not have any criminal antecedents. He was granted relief in the Petition, filed under Article 226 of the Constitution of India. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Ms. Manisha Rana Singh, A.G.A. 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.

In the facts and circumstances of the case, applicant- Rajid is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bonds 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 he 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 him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No. 220 of 2024) stands disposed of accordingly.