Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Anticipatory Bail Application No. 1328 of 2024
Usman and others
….....Applicants Versus State of Uttarakhand ….….Respondent Present:- Mr. Gaurav Singh, Advocate for the applicant. Mr. S.C. Dumka, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral)
The applicants Usman, Istkar and Shamshad seek anticipatory bail in FIR No.874 of 2024, dated 23.10.2024, under Sections 6/11(2) of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Manglour, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, 23.10.2024, police intercepted a vehicle and found that animals were placed in a very cruel manner. The applicants were spotted by the police, but they managed to escape. 4. Learned counsel for the applicants would submit that nothing was recovered from them; they have been falsely implicated. 2
5. Learned State counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. He would submit that the applicants managed to escape from the place of incident. 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 (“the AO”) concerned. In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall not approach any witness in any manner, whatsoever. (ii) They shall cooperate with the investigation. (iii) The applicants shall not leave the country without prior permission of the concerned court. 3 (iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. If any of the applicants does not have passport, he 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.)
03.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B3179A7DEAE4 0699, cn=SANJAY KANOJIA Date: 2025.01.06 13:36:20 +05'30'