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2025 DAILYLAW 1757 (UTT)

MUNNA v. STATE OF UTTARAKHAND

ABA/123/2025 · 2025-02-14

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 123 of 2025 Munna and Another ...Applicants Versus State of Uttarakhand ….Respondent Present:- Mr. Gaurav Singh, Advocate for the applicants. Mr. S.C. Dumka, A.G.A. for the State. Hon’ble Ravindra Maithani, J. (Oral) Applicants Munna and Sarik alias Chhota seek anticipatory bail in Case Crime No.0214 of 2024, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 25(1-B)(b) of the Arms Act, 1959, Police Station Kaliyar Shareef, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. It is argued by learned counsel for the applicants that the applicants have been falsely implicated merely based on the statement of co-accused. 4. 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 admits that the applicants were implicated in the case merely based on the statement of the co-accused. 2 5. 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. 6. The anticipatory bail application is allowed. 7. 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 (“AO”). In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall co-operate with the investigation. (ii) The applicants shall not approach any witness in any manner, whatsoever. (iii) The applicants shall not leave the country without prior permission of the court concerned. (iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they 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.) 14.02.2025 Ravi Bisht