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2025 DAILYLAW 4024 (UTT)

TANJEEM v. STATE OF UTTARAKHAND

ABA/285/2025 · 2025-03-20

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:1961 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 20TH MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO.285 of 2025 Tanjeem and Another ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicant s : Mr. Pranav Singh, Advocate. Counsel for the State : 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 applicants seeking anticipatory bail under Section 3 and Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.76 of 2025, registered at Police Station Jhabreda, District Haridwar. 2. As per the FIR, on a secret information, the police party raided the spot on 13.03.2025. The police party recovered 250 kg. of beef and other articles from 2025:UHC:1961 2 the spot. Constable Virendra Sharma told that those who are involved in slaughtering are Tanjeem and Ajeem (applicants). 3. Heard Mr. Pranav Singh, learned counsel for applicants and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent. 4. Mr. Pranav Singh, Advocate, has contended that the applicants are innocent persons. They have been falsely implicated in the present matter. They were not present on the spot. Nothing was recovered from their possession. They are permanent residents of District Haridwar, therefore, there is no chance of their absconding. 5. Mr. Deepak Bhardwaj, Brief Holder, 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 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, 2025:UHC:1961 3 filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants Tanjeem and Ajeem, 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. 8. 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:20.03.2025 Shiv/ 2025:UHC:1961 4