Shoaib Alias Soyaf vs State Of Uttarakhand

Alok Kumar Verma, J

This Application has been filed by the applicant-Shoaib alias Soyaf for anticipatory bail in the First Information Report bearing registration no.125 of 2025, registered at Police Station Sitarganj, District Udham Singh Nagar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

According to the First Information Report dated 10.05.2025, the police party received a secret information that one person is selling beef. On the said information, the police party raided the spot and recovered 40 Kg. beef and other articles from the spot. The police party observed that three persons were present on the spot. The police party arrested Mohd. Sajid and Ayan, whereas one person managed to escape from the spot. Constable Rajkumar and Head Constable Pramod Kumar told that name of the person who ran away from the spot is Shoaib (applicant). The arrested persons told the police that they along with Shoaib had brought beef to sell it.

Heard Mr. Ravi Bisht, learned counsel for applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

Mr. Ravi Bisht, Advocate, contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He was not present on the spot. He has been falsely implicated by the Constable, Head Constable and arrested persons. Nothing has been recovered from his possession. He does not have any criminal antecedents. He is a permanent resident of District Bareilly (Uttar Pradesh), therefore, there is no possibility of his absconding.

Mr. Pradeep Lohani, Brief Holder 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant- Shoaib alias Soyaf, 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 cooperate with the Investigating Agency and he shall make himself 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 he 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 him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.