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2025 DAILYLAW 17157 (UTT)

SHADAB v. STATE OF UTTARAKHAND

ABA/1227/2025 · 2025-12-10

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:10967 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 0 TH DECEMBER, 2 0 2 5 ANTI CI PATORY BAI L APPLI CATI ON NO.1 2 2 7 of 2 0 2 5 Shadab and Others .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mrs. Sweta Badola Dobhal, Brief Holder. Hon ’ble Alok Ku m ar Ver m a,J. This Application has been filed by the applicants for anticipatory bail in Case Crime No.395 of 2025, registered at Police Station Bhagwanpur, 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 applicant has been rejected by the learned I st Additional Sessions Judge, Roorkee, District Haridwar on 17.11.2025 (Annexure No.2). 3 . According to the First Information Report, on 12.11.2025, the police received a secret information 1 2025:UHC:10967 that Shahanazar is slaughtering a cow along with Bilal, Shah Azher, Shahnawaj, Shadab and Usman in his house. The police raided the spot and recovered 265 kg. beef and other articles from the spot. The police arrested Bilal. He told the police that Shadab, Shahnawaj, Usman (applicants), Shahanazar, Shah Azher were among those who fled from the spot. 4 . Heard Mr. Gaurav Singh, learned counsel for the applicants and Mrs. Sweta Badola Dobhal, learned Brief Holder for the respondent. 5 . Mr. Gaurav Singh, Advocate, submitted that the applicants were not present on the spot. They have been falsely implicated by the co-accused Bilal. Nothing was recovered from the possession of the applicants. Applicants are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. 6 . Mrs. Sweta Badola Dobhal, learned Brief Holder, 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 2 2025:UHC:10967 circumstances of the case. 8 . Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, without commenting on the merits of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Shadab, Shahnawaj and Usman, 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. 3 2025:UHC:10967 9 . It is made clear 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 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee 7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F3 2DE6BA960BFE64D819EE44CA9CCE487B2FE0 F92, cn=NEHA BISHT Date: 2025.12.10 18:59:59 +05'30'