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2025 DAILYLAW 11771 (UTT)

USMAN v. STATE OF UTTARAKHAND

ABA/1093/2025 · 2025-09-25

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8643 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25TH SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1093 OF 2025 1. Usman 2. Ashu ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Mohd. Safdar, Advocate. Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate with Mr. Prabhat Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed in Case Crime No.76 of 2025, registered at Police Station Jhabrera, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007. 2. According to the First Information Report, on a secret information, the police party raided the spot on 13.03.2025. The police recovered 250 Kg. beef and other articles from the spot. Constable Virendra Sharma told that those who are involved in slaughtering are Tanjeem and Ajeem. However, the police noticed that 4-5 persons were present on the spot. 1 2025:UHC:8643 3. Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent. 4. Mr. Mohd. Safdar, Advocate submitted that the applicants are not named in the First Information Report. They were not present on the spot. They have been falsely implicated during the course of the investigation. Applicants are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. Tanjeem and Ajeem, the named co- accused, have already been granted anticipatory bail by this Court in Anticipatory Bail Application No.285 of 2025. 5. Mr. Akshay Latwal, 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, 2 2025:UHC:8643 filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Usman and Ashu, 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 prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Date: 25.09.2025 JKJ/Pant 3