Shahjad vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Shahjad seeking anticipatory bail in Case Crime No.139 of 2021, registered at Police Station Bahadrabad, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report dated 03.04.2021, on a secret information, the police party raided the spot and recovered 80 Kg. beef from the spot. One co-accused Aslam was arrested at about 00.15 hrs. on 03.04.2021. Four persons managed to escape from the spot. Co-accused Aslam told the police that Shahjad (applicant) was also among those who fled from the spot.

Heard Mr. Gaurav Singh learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated by the co-accused Aslam. Applicant was not present on the spot. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

Mr. Tumul Nainwal, Assistant Government Advocate 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant-Shahjad, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:-

(i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

(iii) Applicant shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.