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2025 DAILYLAW 13882 (UTT)

NAUSHAD v. STATE OF UTTARAKHAND

ABA/1325/2024 · 2025-01-08

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 1325 of 2024 Naushad and Others ...Applicants Versus State of Uttarakhand ….Respondent Present:- Mr. Pankaj Semwal, Advocate holding brief of Mr. Gaurav Singh, Advocate for the applicants, through video conferencing. Mr. Pramod Tiwari, Brief Holder for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicants-Naushad, Yakoob and Abdul Rahman seek anticipatory bail in Case Crime No. 1285 of 2024, under Sections 3, 5, 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Laksar, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in the case based on the statement of the co-accused; the applicants are not named in the FIR. 4. The Court wanted to know from learned State Counsel as to whether the applicant is wanted in the case or not. 5. Today, learned State Counsel gives a statement that the applicants are wanted in the case and their names were revealed by the co-accused. He would submit that no 2 separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. 6. Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall co-operate with the investigation. (ii) The applicants shall not approach any witness in any manner, whatsoever. (iii) The applicants shall not leave the country without prior permission of the court concerned. (iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO. (v) The applicants shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J.) 08.01.2025 Ravi Bisht RAVI BISHT Digitally signed by RAVI BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ded921477e34a304cbcb0b52d4a59f37e6d201 8d38d0b669a5c068799391e6bb, postalCode=263001, st=UTTARAKHAND, serialNumber=AA64B1F44E60E652AE5485ED764961E4E 52FD29C6F03C20917020ED093405536, cn=RAVI BISHT Date: 2025.01.08 04:13:03 +05'30'