2025:UHC:7631 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO. 986 OF 2025 1.Istakar alias Istagar 2.Mohd. Yusuf ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Ajay Joshi, 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 for anticipatory bail in Case Crime No.131 of 2025, registered at Police Station I.T.I., District Udham Singh Nagar under Section 3, Section 5 read with Section 11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007. 2. Heard Mr. Ajay Joshi, learned counsel for the applicants and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 3. As per the First Information Report dated 20.05.2025, the police party received a secret information regarding slaughtering a cow. The police 1 2025:UHC:7631 party raided the spot. They observed that there were three persons present on the spot. All the three persons managed to escape from the spot. Constable Suresh Chandra, Constable Raj Kumar and Head Constable Pramod Kumar told that they had identified the escapees, whose names are Istakar, Yusuf (applicants) and Riyasat (co-accused). The police party recovered 20 Kg. beef and other articles from the spot. 4. Mr. Ajay Joshi, Advocate submitted that the applicants have been falsely implicated by the police. They were not present on the spot. They are not convicted persons. They are permanent residents of District Moradabad, Uttar Pradesh, therefore, there is no possibility of their absconding, and, the co-accused Riyasat Husain alias Riyasat has already been granted anticipatory bail on 04.06.2025 in the Anticipatory Bail Application No.591 of 2025. 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 2 2025:UHC:7631 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 the arrest of the applicants, Istakar alias Istagar and Mohd. Yusuf, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: - (i) Applicants shall cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iv) Applicants shall not leave the country without the previous permission of the trial court. 8. It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the 3 2025:UHC:7631 prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date : 28.08.2025 JKJ/Pant 4