Shahid 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 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in connection with the Case Crime No. 21 of 2022, registered at police station Bhagwanpur, District Haridwar.

As per the First Information Report dated 16.01.2022, informant Karamveer Singh, Sub-Inspector, was busy in checking the vehicles along with other police personnel. They received an information that Mohd. Kamrej (co-accused) was selling beef. Police party raided the spot. They recovered 45 Kg of beef and other articles. Co-accused Mohd. Kamrej was arrested. He told the police that he had taken the beef from Shahid (present applicant).

Heard Mr. Rajveer Singh, learned counsel for the applicant (through video conferencing) and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Rajveer Singh, Advocate, contended that the applicant has been falsely implicated by the co-accused Mohd. Kamrej, who has been granted regular bail by the coordinate Bench of this Court. Applicant has no criminal antecedents. He is a permanent resident of District Haridar, therefore, there is no chance of his absconding, and, the said offences are triable by Magistrate.

Learned counsel for the State 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- Shahid 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 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. 925 of 2023) stands disposed of accordingly.