Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 1689 (UTT)

MEHARBAN v. STATE OF UTTARAKHAND

ABA/126/2025 · 2025-02-12

Ravindra Maithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No.126 of 2025 Meharban and others …..….....Applicants Versus State of Uttarakhand ….….Respondent Present:- Mr. Mohd. Safdar, Advocate for the applicants. Mr. S.C. Dumka, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicants Meharban, Faizan and Mohd. Shahban seek anticipatory bail in FIR/Case Crime No.1263 of 2022, dated 03.11.2022, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Kotwali Manglaur, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 03.11.2022, police recovered beef and other articles from a place and the co- accused were arrested, but the applicants managed to escape. 4. Learned State counsel would submit that no separate objection is required to be filed, as such. The 2 anticipatory bail application may be decided based on the material available on record. 5. Learned counsel for the applicants would submit that the accused Yusuf, who was arrested at the spot, has already been granted bail; they have been falsely implicated in the case; the applicants preferred a writ petition, in which, stay was granted and, now, charge-sheet has been filed. 6. These facts are not disputed by the learned State counsel. 7. 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. 8. The anticipatory bail application is allowed. 9. 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 court concerned. In addition to it, the applicants shall also comply with the following conditions:- 3 (i) The applicants shall not approach any witness in any manner, whatsoever. (ii) The applicants shall not leave the country without prior permission of the concerned court. (iii) The applicants shall deposit their passports with the court concerned. 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 court concerned. (iv) The applicants shall also give an undertaking on (i) & (ii) above. (Ravindra Maithani, J.) 12.02.2025 Sanjay