Saleem And Three Others 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 in connection with the Case Crime No.502 of 2023, registered at police station Jhabrera, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. Akshay Latwal, learned Brief Holder for the State.

As per the First Information Report dated 16.09.2023, informant Manoj Kumar, Sub-Inspector, along with other police personnel was busy in patrolling duty. On a secret information, they raided the spot. There were four persons present on the spot. All the four persons present on the spot were talking among themselves by taking each other’s names. Seeing the police, all the four persons present on the spot managed to escape from the spot. The police party recovered 180 kg. beef along with knives and other articles.

Mr. Mohd. Safdar, Advocate, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. Nothing was recovered from their possession. They have no criminal history. They are permanent resident of District Haridwar, therefore, there is no possibility of their absconding.

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

In the facts and circumstances of this case and having regard to the submissions of learned counsel for both the parties, applicants Saleem, Tasleem, Nadeem and Salman are directed to be released on Anticipatory Bail, in the event of their arrest on furnishing personal bonds of Rs. 30,000/- and two reliable sureties, each in the like amount with the following conditions:-

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

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

(iii) Applicants shall not leave the country without previous permission of the Trial Court.

It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.837 of 2023) stands disposed of accordingly.