2025:UHC:4027 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16th MAY, 2025 SECOND ANTICIPATORY BAIL APPLICATION NO. 10 of 2025 Chotan alias Mansur … Applicant Versus State of Uttarakhand … Respondent Counsel for the Applicant : Mr. Alok Kumar, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, A.G.A. Hon’ble Alok Kumar Verma,J. This is the Second Anticipatory Bail Application. 2. The First Anticipatory Bail Application (ABA No. 78 of 2022) was dismissed as withdrawn on 24.09.2022 granting liberty to the applicant to file a fresh Anticipatory Bail Application. 3. This Application has been filed for grant of anticipatory bail in Case Crime No. 275 of 2020, 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. 4. As per the First Information Report dated 30.05.2020, the police party raided the spot on a secret information. The police party recovered 80 kg. beef and 1 2025:UHC:4027 other articles from the spot. One co-accused Shamim was arrested by the police. Constable Baldev Singh recognized the present applicant, who, according to him (Constable Baldev Singh), ran away from the spot. 5. Heard Mr. Alok Kumar, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the respondent. 6. Mr. Alok Kumar, Advocate, contended that the applicant, aged about 64 years, has been falsely implicated in the present matter. He was not present on the spot. Nothing was recovered from his possession. He does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. Charge-sheet has already been filed by the Investigating Officer, therefore, there is no chance of tampering with the evidence, and, the arrested accused, namely, Shamim has been granted regular bail by this Court. 7. Mr. Pratiroop Pandey, A.G.A., has opposed the anticipatory bail application. 8. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes 2 2025:UHC:4027 imperative according to the peculiar facts and circumstances of the case. 9. 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 for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Chotan alias Mansur, 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. 10. 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. ___________________ ALOK KUMAR VERMA, J. Dt: 16.05.2025 Shiv/ 3