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2025 DAILYLAW 16840 (UTT)

TAMREJ v. STATE OF UTTARAKHAND

ABA/1236/2025 · 2025-12-10

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:10941 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 10th DECEMBER, 2025 ANTICIPATORY BAIL APPLICATION NO. 1236 of 2025 Tamrej and Another …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate with Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application for anticipatory bail has been filed in Case Crime No. 1101 of 2025, registered at Police Station Laksar, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007. 2. The Anticipatory Bail Application of the applicants has been rejected by the learned Additional District and Sessions Judge, Laksar, District Haridwar on 20.11.2025. 3. According to the First Information Report dated 08.11.2025, the police received a secret information that Monu, Iqbal, Gulfam, Mahboob alias Boddu, Tamrej and Sabas have slaughtered a cow in a sugarcane field and they are going to sell the beef. The informer of the police told that Mahboob alias Boddu 1 2025:UHC:10941 and Sabas are carrying beef on a splendor motorcycle. Seeing the police, they threw a cloth sheet and ran away. The police found 45 kg. of beef in the said cloth sheet. 4. Heard Mr. Bilal Ahmed, learned counsel for the applicants and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent. 5. Mr. Bilal Ahmed, Advocate, contended that the applicants were not present on the spot. They have been falsely implicated by the police. The said motorcycle does not belong to the present applicants. Applicants are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. 6. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the anticipatory bail application orally. 7. 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. 8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts 2 2025:UHC:10941 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 Tamrej and Monu alias Abdul Rehman, 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; (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. 9. 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: 10.12.2025 Shiv/ 3