Shahban Ali And Another vs State Of Uttarakhand

Alok Kumar Verma,J

The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants for grant of anticipatory bail under Section 3 and Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.96 of 2025, registered at Police Station Bhagwanpur, District Haridwar.

Heard Mr. Gaurav Singh, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the State.

As per the FIR, on a secret information, the police party raided the spot on 23.03.2025. Three persons were present at the spot. Seeing the police party, they called each other’s name and asked to run away from the spot. The police party recovered 150 kg. beef and other articles from the spot.

Mr. Gaurav Singh, learned counsel for the applicants contended that the applicants were not present at the spot. The said beef and other articles were not recovered from their possession. They have been falsely implicated in the present matter. They have no criminal antecedents. They are perm anent residents of the District Haridwar, therefore, there is no chance of their absconding.

Learned counsel for the State 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 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants – Shahban Ali and Akbar, 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 applicant s 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.