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Sharafat vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 20 March 2024 · Citation: (2024) 03 UK CK 0090

HON’BLE JUDGES
Ravindra Maithani, J
ACTS & SECTIONS REFERRED
Uttarakhand Protection Of Cow Progeny Act, 2007 — Section 3, 5, 11
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 245 Of 2024
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Judgment

14 paragraphs · 342 words

Ravindra Maithani, J

1.

Applicant seeks anticipatory bail in Case Crime No.0198 of 2024, under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Bhagwanpur, District Haridwar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 13.03.2024, police raided a premises and recovered beef and other articles. The wife of the applicant was apprehended, but, according to the prosecution, the applicant managed to escape.

4.

It is the case of the applicant that nothing was recovered from him; he has been implicated merely based on the statement of the co-accused.

5.

Learned State Counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. He would submit that beef and other articles were recovered from the place of occurrence and the co-accused named the applicant as the person, who was also involved in the case.

6.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness in any manner, whatsoever.

(iii) The applicant shall not leave the country without prior permission of the court concerned.

(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.