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2025 DAILYLAW 12363 (UTT)

RIYAZ v. STATE OF UTTARAKHAND

ABA/1165/2025 · 2025-10-14

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:9149 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 14th OCTOBER, 2025 ANTICIPATORY BAIL APPLICATION NO.1165 of 2025 Riyaz .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed in Case Crime No. 335 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. As per the first information report, the police received a secret information on 05.10.2025 that Riyaz (applicant), Sahil, Danish and Shoaib are slaughtering the cows in a mango orchard. The police raided the spot. They noticed that five persons were present on the spot. Seeing the police, they managed to escape from the spot. 3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant 1 2025:UHC:9149 Government Advocate for the respondent. 4. Mr. Gaurav singh, Advocate submitted that the applicant has been falsely implicated by the police. He was not present on the spot. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. He has not been convicted. Danish and Sahil, the co-accused, have been granted anticipatory bail by this Court. 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, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Riyaz, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of 2 2025:UHC:9149 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 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. Dt:14.10.2025 Nahid 3