Varis 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.353 of 2023, registered at police station Bahadrabad, District Haridwar under Section 3/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3/11 of the Prevention of Cruelty to Animals Act, 1960.

As per the First Information Report dated 04.09.2023, informant- Pradeep Rathore, Sub-Inspector, along with other police personnel was busy in patrolling duty. On a secret information, police party raided the spot. Police party recovered two live cows and a calf from the spot. There were two persons present on the spot. Seeing the police, both the person managed to escape from the spot. The police’s informer had identified the applicant among those who fled from the spot.

Mr. Mohd. Safdar, 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. The said offence are triable by Magistrate. Applicant is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, he has no criminal history.

Mr. Saurabh Pandey, Brief Holder has opposed the Anticipatory Bail Application. However, he conceded that 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-Varis, 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 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 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.

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

Anticipatory Bail Application (No.791 of 2023) stands disposed of accordingly.