Riyasat Husain Alias Riyasat vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant Riyasat Husain alias Riyasat for anticipatory bail in Case Crime No. 131 of 2025, registered at Police Station I.T.I., District Udham Singh Nagar under Section 3, Section 5 read with Section 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007.

Heard Mr. Sanjay Kumar, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the respondent.

According to the First Information Report dated 20.05.2025, the police party received a secret information regarding slaughtering a cow. The police party raided the spot. They observed that there were three persons present on the spot. All the three persons managed to escape from the spot. Constable Suresh Chandra, Constable Raj Kumar and Head Constable Pramod Kumar told that they had identified the escapees, whose names are Riyasat (the present applicant), Istakar and Yusuf. The police party recovered 20 kg. beef and other articles from the spot.

Mr. Sanjay Kumar, Advocate, for the applicant contended that the applicant has been falsely implicated by the police. He was not present on the spot. Nothing was recovered from his possession. He has no criminal antecedents. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding.

Mr. G.S. Sandhu, 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Riyasat Husain alias Riyasat, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

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

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

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

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.