Shahjadi 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 applicant-Shahjadi seeking anticipatory bail under Section 3/ 5/ 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crim e No.72 of 2025, registered at Police Station Jhabrera, District Haridwar.

As per the FIR, the police party raided the spot on 04.03.2025. The police party recovered 60 kg of beef and other articles from the spot. The present applicant was present at the spot. The husband of the present applicant ran away from the spot. The present applicant managed to escape from the spot.

Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. Pratiroop Pandey, learned A.G.A. for State.

Mr. Gaurav Singh, Advocate, submitted that nothing was recovered from the possession of the present applicant. She has been falsely implicated in the present matter. She does not have any criminal antecedents. She is a permanent resident of District Haridwar, therefore, there is no chance of her absconding.

Mr. Pratiroop Pandey, learned A.G.A. appearing 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 the arrest of the applicant Shahjadi, she 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 cooperate with the Investigating Agency and she shall make herself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and she shall not seek any unnecessary adjournment;

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

(iv) 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 her, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.