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Judgment
13 paragraphs · 469 wordsAlok Kumar Verma, J
The present application has been filed by the applicants seeking anticipatory bail in Case Crime No.581 of 2025, registered at Police Station Laksar, District Haridwar 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 31.05.2025, on a secret information, the police party raided the spot on 31.05.2025 and recovered 245 kg. beef, one two wheeler vehicle and other articles from the spot. The police party observed that there were five persons on the spot. Seeing the police, all the persons managed to escape from the spot. Constable Shoorveer Tomar and Constable Ravindra Chauhan told that those who fled from the spot were identified by them. Their names are Tajim, Shamshad (present applicants) and Monu.
Heard Mr. Bilal Ahmed, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the State.
Mr. Bilal Ahmed, Advocate, for the applicants submitted that the applicants have been falsely implicated in the present matter. They were not present on the spot. Nothing was recovered from their possession. They are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding.
Mr. Pradeep Lohani, learned 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 applicants Tajim and Shamshad, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:-
(i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;
(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;
(iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.
(iv) Applicants shall not leave the country without the previous permission of the trial court.
It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
