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2025 DAILYLAW 10289 (UTT)

MALINGA ALIAS NADEEM v. STATE OF UTTARAKHAND

ABA/952/2025 · 2025-08-21

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7397 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 21st AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 952 of 2025 Malinga alias Nadeem …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Rajveer Singh, Advocate through video conferencing. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant for anticipatory bail in Case Crime No. 827 of 2025, registered at Police Station Laksar, District Haridwar under Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007. 2. According to the First Information Report dated 15.08.2025, the police raided the spot on a secret information. Police recovered 15 kg. beef and two motorcycles from the spot. One co-accused Zakir was arrested. He told the police that he had received the recovered beef from Malinga (applicant). 1 2025:UHC:7397 3. Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Mr. Rajveer Singh, Advocate, submitted that the applicant has been falsely implicated by the co- accused. He was not present on the spot. He is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally. 6. 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. 7. 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 Malinga alias Nadeem, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two 2 2025:UHC:7397 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. 8. It is clarified 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. ___________________ ALOK KUMAR VERMA, J. Dt: 21.08.2025 Pant/ 3