Tasleem 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 under Section 3 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11(1) of the Prevention of Cruelty to Animals Act, 1960 in connection with the First Information Report No. 680 of 2023, registered at police station Laksar, District Haridwar.

As per the First Information Report dated 19.08.2023, Senior Sub-Inspector Ankur Sharma, informant, received a secret information regarding cow slaughtering. He along with other police personnel raided the spot. Three persons were present on the spot. Seeing the police party, they managed to escape from the spot. The police informer identified the present applicant. Police party recovered two cows, two knives and one axe from the spot.

Mr. Raj Kumar Singh, Advocate, contended 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 a permanent resident of District Haridwar, therefore, there is no chance of his absconding. He is not a previous convict, and, the said offences are triable by Magistrate.

Learned counsel for the State 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- Tasleem 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. 729 of 2023) stands disposed of accordingly.