Saleem 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 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960 in connection with the Case Crime No.383 of 2023, registered at police station Bahadrabad, District Haridwar.

As per the First Information Report dated 30.09.2023, informant Sharad Singh, Sub-Inspector, along with other police personnel raided the spot on a secret information of a police informer. Four persons were present on the spot. Two persons were arrested by the police. Two persons managed to escape from the spot. Police party recovered 150 Kg. beef, cutting tools and other articles from the spot. The arrested persons told the police in their confessional statements that they slaughtered a bull along with Saleem (present applicant).

Mr. Gaurav Singh, Advocate, submits that the applicant was not present on the spot. Nothing was recovered from his possession. He has been implicated by the co-accused persons. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, co-accused of the similar role has been granted bail by this Court.

Mr. M.K. Chand, A.G.A., 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- Saleem is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-

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

(ii) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required;

(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 condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.960 of 2023) stands disposed of accordingly.