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Judgment
13 paragraphs · 445 wordsAlok Kumar Verma, J
The present Application has been filed by the applicant – Waseem alias Beera for anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.118 of 2025, registered at Police Station Bhagwanpur, District Haridwar.
According to the First Information Report, the police party received a secret information on 06.04.2025 that Waseem alias Beera (the present applicant), Pindu and Rashid are slaughtering the cows. The police party raided the spot and recovered 100 kilograms beef and other articles. All the accused managed to escape from the spot.
Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.
Mr. Rajveer Singh, Advocate, submitted that the applicant was not present on the spot. He has been falsely implicated in the present matter. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the co-accused Pindu alias Shamsher Ali and Rashid have already been granted anticipatory bail by this Court.
Mr. Pradeep Lohani, learned Brief Holder 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.
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 applicant, named Waseem alias Beera, he shall be released on anticipatory bail on executing a personal bond of Rs.30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -
(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;
(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.
(iv) Applicant shall not leave the country without the previous permission of the trial court.
It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
