Shahrukh 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 in connection with the Case Crime No.547 of 2023, registered at police station Gangnahar, Roorkee, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report dated 24. 09.2023, Sub-Inspector Sunil Ramola, informant, was busy in maintaining peace and order. On a secret information, he raided the spot along with other police personnel. Four persons were present on the spot. Seeing the police, all four persons (including present applicant) ran away from the spot calling each other’s names. Police party recovered 180 Kg. beef, cutting tools (one axe, two knives) and other articles from the spot.

Mr. Faizan Ali, Advocate, submits that the applicant has been falsely implicated in the present matter. He was not present on the spot. Nothing was recovered from his possession. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. One co-accused has been granted anticipatory bail by this Court, and, the said offence is triable by Magistrate.

Mr. M.K. Chand, A.G.A., 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- Shahrukh 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.914 of 2023) stands disposed of accordingly.