Sahzad And Others vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicants seeking anticipatory bail in Case Crime No. 296 of 2025, registered at Police Station Ranipur, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

According to the First Information Report, on a secret information, the police party raided the house of the applicant no.1 on 19.07.2025. The applicants and one unknown person were present in the house. Seeing the police, they ran away from the spot. The police party recovered 150 kg. beef and other articles from the spot.

Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. Mohd. Safdar, Advocate, contended that the applicants have been falsely implicated by the police. The place (backyard-open place) from where the alleged recovery is said to be made does not belong to the applicants. Applicants are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding.

Mr. Tumul Nainwal, Assistant Government Advocate, 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 applicants Sahzad, Sameer and Guria alias Nanhi, 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 cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

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

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

(iv) 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail.