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2025 DAILYLAW 14173 (UTT)

ANIS v. STATE OF UTTARAKHAND

BA1/904/2025 · 2025-11-21

Alok Mahra

body2025

Judgment text

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2025:UHC:10391 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.904 of 2025 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, Advocate for the applicant. Mr. Chitrarth Kandpal, Brief Holder for the State of Uttarakhand. 2. This first bail application has been moved by the applicant seeking regular bail in F.I.R. No.0012 of 2025, under Sections 109 of B.N.S., Section 3/25(1- b) A of the Arms Act and Section 3/11 of the Prevention of Cruelty Animals Act, registered at Police Station Kaliyar Shareef, District Haridwar. 3. An F.I.R. was lodged by In-Charge, Police Station, Kalyar Sharif, wherein it has been alleged that in the night of 10.01.2025 at about 20:59 hours, the applicant was found beating and dragging a Cow and, upon confronting the police party, he purportedly fled towards the mustard fields and fired upon the police party. The prosecution further alleges that, in retaliatory action, five rounds were fired by the police party, two of which struck the applicant on the posterior compartment of his left leg. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has been languishing in jail since 11.01.2025. It is contended that the police, in fact, took the applicant from his house and inflicted firearm injuries at point-blank range to his legs. In support, 2025:UHC:10391 a xerox copy of the medical report has been produced, which indicates the presence of a gunshot wound of 1x1 cm on the posterior medial aspect of the left leg, with inverted margins, mild blackening, and oozing of blood. Another penetrating wound of 1.5x1.5 cm is observed on the posterior aspect of the left leg, with everted margins and similar oozing, measured at a depth of 10 cm below the knee. The said medical report is taken on record. 5. Learned counsel for the applicant relies on the medical evidence to argue that blackening around the gunshot wound strongly suggests that the shot was fired from close range (within 3 to 8 cm), since blackening is generally absent if the shot is fired from beyond this distance. He submits that, according to the F.I.R., the applicant was 15 steps away from the police party at the time shots were fired; therefore, the medical findings do not support the prosecution’s version, thereby casting serious doubt on its veracity. The applicant also undertakes not to misuse bail and to comply with all conditions imposed by the Court, including the furnishing of adequate bail surety. 6. Learned State Counsel, on the other hand, vehemently opposes the prayer for bail. It is submitted that the applicant not only indulged in cruel treatment of a Cow but, upon noticing the police party, attempted to evade lawful apprehension and opened fire on the police personnel, thereby posing a grave risk to law and order. It is argued that the retaliatory use of firearms by the police was necessitated only due to the inherent danger posed by the applicant’s conduct 2025:UHC:10391 and that injuries sustained by the applicant were the direct consequence of his own unlawful actions in attempting to attack the police party. 7. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicant deserves bail at this stage. 8. The bail application is allowed. 9. Let the applicant, namely, Anis be released on bail, on executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 21.11.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.11.21 13:55:43 +05'30'