Saknain vs State Of Uttarakhand

Alok Kumar Verma, J

The present Application has been filed by the applicant for anticipatory bail under Section 3, Section 5 read with Section 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.118 of 2025, registered at Police Station Kichha, District Udham Singh Nagar.

According to the First Information Report dated 17.04.2025, the police party received a secret information that kebab and biryani of cow meat are being sold at the biryani shop. The police party raided the spot. There was a person at the said shop, who ran away after seeing the police. Head Constable Pramod Kumar, Constable Raj Kumar and Constable Deepak Kumar recognized the person running away, who was Saknain alias Husnain (present applicant). The police party recovered 7 kilograms beef from the spot.

Heard Mr. Anuj Singh Kunjwal, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

Mr. Anuj Singh Kunjwal, Advocate, submitted that the applicant was not present on the spot. Nothing was recovered from his possession. He has been falsely implicated in the present matter. He does not have any criminal antecedents. He is a permanent resident of District Bareilly (Uttar Pradesh), therefore, there is no possibility of his absconding.

Mr. Pradeep Lohani, learned Brief Holder for the State, on instructions, 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.

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, named Saknain, 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.