Extracted from the PDF above. The PDF is authoritative.
2025:UHC:2257 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA
27th MARCH, 2025
ANTICIPATORY BAIL APPLICATION NO. 308 of 2025
Imran and Another
…Applicants
Versus
State of Uttarakhand
…Respondent
Counsel for the Applicants : Mr. Mohd. Safdar,
Advocate.
Counsel for the Respondent : Mr. Pradeep Lohani, 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 for grant of anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960 in Case Crime No.80 of 2025, registered at Police Station Bhagwanpur, District Haridwar.
2.
On 19.03.2025, a secret information was received by the police party that Anjeem, Rehman and Imran are slaughtering a cow. The police party raided the spot. Three persons were present at the spot. They managed to escape from the spot. The police party recovered 175.53 kg. of beef, one calf and other
2025:UHC:2257 2 articles from the spot.
3.
Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. Pradeep Lohani, learned Brief Holder for the State.
4.
Mr. Mohd. Safdar, learned counsel for the applicants, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. The said beef and articles were not recovered from the possession of the applicants. Applicants are not previous convicts. Applicant no.1 is a permanent resident of District Haridwar and the applicant no.2 is a permanent resident of District Saharanpur (Uttar Pradesh), therefore, there is no likelihood of their absconding.
5.
Learned counsel 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 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:2257 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 – Imran Ali and Rehman, 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 clarified 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: 27.03.2025 Pant/