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2025 DAILYLAW 10429 (UTT)

NADEEM v. STATE OF UTTARAKHAND

ABA/967/2025 · 2025-08-27

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:7576 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27th AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 967 OF 2025 Nadeem ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Ms. Sadaf, Advocate holding brief of Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant seeking anticipatory bail in Case Crime No.276 of 2020 (Criminal Case No.325 of 2022), registered at Police Station Jhabrera, District Haridwar under Section 3, Section 6 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11(d) of the Prevention of Cruelty to Animals Act, 1960. 2. According to the First Information Report dated 18.07.2020, the police received a secret information on 18.07.2020 that Nadeem and his friend are going to sell a cow and a bull for slaughtering. The police party raided the spot and recovered two cows and a bull. The co-accused Naushad and Parminder were arrested. One person managed to escape from the spot. The arrested persons 1 2025:UHC:7576 told the police that they and Nadeem alias Kala sell cows and bulls for slaughtering. 3. Heard Ms. Sadaf, learned counsel for the applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 4. Ms. Sadaf, Advocate, contended that the applicant was not present on the spot. He has been falsely implicated by the arrested persons. He is not a convicted person. He was not arrested during the course of investigation. He was granted relief in a Writ Petition, filed under Article 226 of the Constitution of India to quash the First Information Report. He was also granted interim relief in the Application, filed under Section 482 of the Code of Criminal Procedure, 1973. Now, the charge-sheet has been filed, therefore, there is no chance of tampering with the evidence. Co-accused Naushad and Parminder have already been granted regular bail by the Coordinate Bench. Applicant 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 2 2025:UHC:7576 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 Nadeem, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicant shall not leave the country without the previous permission of the trial court. 8. 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. ___________________ ALOK KUMAR VERMA, J. Date: 27.08.2025 Shiv/ 3