2025:UHC:1521 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 05TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.237 of 2025 Rahees ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant-Rahees seeking anticipatory bail under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.433 of 2018, registered at Police Station Bhagwanpur, District Haridwar. 2. Heard Mr. Gaurav Singh, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, 1 2025:UHC:1521 learned Brief Holder for the State. 3. As per the First Information Report, on a secret information, the police party raided the spot on 15.11.2018 and recovered 40 kg of beef and other articles from the spot. Three persons were present on the spot. They ran away from the spot. Constable Mohan told the police party that Rahees (present applicant) was also among those who escaped from the spot. 4. Mr. Gaurav Singh, Advocate, has contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. He does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, charge-sheet had already been filed, therefore, there is no chance of tampering with the evidence. 5. Mr. G.S. Sandhu, learned Additional Advocate General appearing for the State, has opposed the Anticipatory Bail Application orally. 6. 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:1521 circumstances of the case. 7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of the arrest of the applicant Rahees, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iii) Applicant shall not leave the country without the previous permission of the trial court. 8. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ 3 2025:UHC:1521 ALOK KUMAR VERMA, J. Dt:05.03.2025 Neha 4