Usman 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 First Information Report No.510 of 2023, registered at police station Bhagwanpur, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR dated 22.07.2023, informant Sharad Singh, Sub-Inspector, was patrolling along with other police personnel. On a secret information, they raided the spot. 41.2 Kg. beef along with cutting tools were recovered from the spot. Two persons were present on the spot. One of them (co-accused Ahatsaam) was arrested, while other person managed to escape from the spot. Co-accused stated in his confessional statement that he along with Usman (present applicant) had slaughtered an ox at the spot.

Mr. Gaurav Singh, Advocate, contended that applicant is an innocent person. He was not on the spot. He has been falsely implicated by co-accused, and, he is a permanent resident of District Haridwar.

Mrs. Manisha Rana Singh, A.G.A., 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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Usman, he will be released on Anticipatory Bail on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/Arresting Officer with the condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates the said condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No.598 of 2023) stands disposed of accordingly.