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 Case Crime No. 360 of 2023 registered at police station Bahadrabad, District Haridwar under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per the First Information Report dated 08.09.2023, informant Pankaj Kumar, Sub-Inspector, along with other police personnel was busy in checking the vehicles. On a secret information, they raided the spot. There were four persons present on the spot, who were talking to each other by calling each other’s name. Seeing the police, all the four persons managed to escape from the spot. Police party recovered 90 Kg of beef and a knife from the spot.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Rakesh Negi, learned Brief Holder for the State.

Mr. Mohd. Safdar, Advocate, has submitted 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 possibility of his absconding, and, he has no criminal history.

On the other hand, learned counsel for the State has opposed the Anticipatory Bail Application. However, he conceded that the applicant has no criminal history.

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 shall 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 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 will 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.

Anticipatory Bail Application (No. 815 of 2023) stands disposed of accordingly.