High CourtsSingle Bench

Savej @ Chhota vs State Of Uttarakhand

Uttarakhand High Court · Decided on 2 August 2024 · Citation: (2024) 08 UK CK 0034

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Uttarakahnd Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 725 Of 2024
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Judgment

14 paragraphs · 339 words

Ravindra Maithani, J

1.

Applicant seeks anticipatory bail in Case Crime No.0614 of 2024, under Sections 3/5/11 of the Uttarakahnd Protection of Cow Progeny Act, 2007, Police Station Kotwali Jwalapur, District Haridwar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 30.07.2024, police raided a premises and recovered 1 Kg beef from the shop of the applicant, but the applicant and other co-accused managed to escape.

4.

It is the case of the applicant that nothing was recovered from him; he has been implicated on the basis of the statement of the informer only; there is no other evidence.

5.

Learned State Counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. She would submit that beef was recovered from the shop of the applicant, but when police raided the premises, he managed to escape.

6.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the court concerned.

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.