Rihan 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 Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in connection with the Case Crime No.05 of 2023, registered at police station Bhagwanpur, District Haridwar.

Interim anticipatory bail was granted on 22.06.2023.

Counter affidavit is taken on record.

Heard Mr. Yogesh Lohni, learned counsel holding brief of Mr. Rajveer Singh, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.

As per First Information Report, informant – Sub-Inspector Deepak Chaudhary was busy in patrolling duty along with other police personnel on 01.01.2023. They raided the spot on a secret information. Three persons were present on the spot. Seeing the police, they managed to escape from the spot. Police party recognized the applicant.

Mr. Yogesh Lohni, Advocate, contended that the applicant has been implicated in the present matter. He was not present on the spot. Nothing was recovered from his possession. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding and he has no criminal history.

Mrs. Manisha Rana Singh, AGA, for the State has opposed the Anticipatory Bail Application. However, she has fairly conceded that the applicant has no criminal history.

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 this case, confirming the interim order dated 22.06.2023, it is directed that in the event of arrest, the applicant – Rihan will be released on Anticipatory Bail on furnishing a personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/ Arresting Officer with the following conditions:-

(i) Applicant shall make himself available at the time of interrogation by the Investigating Agency as and when required;

(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 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.479 of 2023) stands disposed of accordingly.