Rukhsana 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.492 of 2020, registered at police station Manglaur, District Haridwar.

As per the case of the prosecution, Sub-Inspector, Puspendra Singh, informant, along with other police personnel raided the spot on 02.08.2022. Four persons were present on the spot. Seeing the police, all the four persons managed to escape from the spot. Police recovered 180 kg. beef, two axes, four knives and other articles from the spot. Police came to know from the villagers that Rukhsana (present applicant) was also among those who fled from the spot.

Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. M.K. Chand, learned AGA for the State.

Mr. Gaurav Singh, Advocate, submits that Rukhsana, aged about 43 years, has been falsely implicated. She was not present on the spot. Nothing was recovered from her possession. She has no criminal antecedents. She is a permanent resident of District Haridwar, therefore, there is no possibility of her absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence, and, one co-accused Hussain Ali was granted regular bail by the Sessions Judge.

Learned counsel for the State has opposed the Anticipatory Bail Application.

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- Rukhsana is directed to be released on Anticipatory Bail, in the event of her arrest, on furnishing her personal bond 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 she 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 her, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.924 of 2023) stands disposed of accordingly.