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2025 DAILYLAW 11810 (UTT)

MOHAMMAD SUBHAN v. STATE OF UTTARAKHAND

ABA/1097/2025 · 2025-09-25

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:8654 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 25th SEPTEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1097 of 2025 Mohammad Subhan and Others …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Ms. Rangoli Purohit, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed in Case Crime No. 318 of 2025, registered at Police Station Bhagwanpur, 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 dated 20.09.2025, a secret information was received by the police that Shubhan, Naushad, Anish (present applicants) and Ajeem are slaughtering a cow in the garden of Ajeem. The police party raided the spot. They noticed that four persons were present on the spot. Seeing the police, they managed to escape from the spot. The police party recovered 450 kg. beef and other articles from the spot. 3. Heard Mr. Bilal Ahmed, learned counsel for the applicants and Ms. Rangoli Purohit, learned Brief Holder for the respondent. 1 2025:UHC:8654 4. Mr. Bilal Ahmed, Advocate, contended that the applicants have been falsely implicated by the police. They were not present on the spot. The alleged beef was not recovered from their possession. Applicants are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. They are not convicted persons. 5. Ms. Rangoli Purohit, Brief Holder, 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 applicants Mohammad Subhan, Naushad and Anish, 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; 2 2025:UHC:8654 (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. Dt: 25.09.2025 Pant/ 3