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2025 DAILYLAW 4594 (UTT)

MUSTAKEEM v. STATE OF UTTARAKHAND

ABA/313/2025 · 2025-03-28

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:2304 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28th MARCH, 2025 ANTICIPATORY BAIL APPLICATION NO. 313 of 2025 Mustakeem and Others …Applicants Versus State of Uttarakhand …Respondent Counsel for the Applicants : Mr. Mohd. Safdar, Advocate. Counsel for the State : Mr. G.S. Sandhu, Addl. Advocate General. 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, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.187 of 2025, registered at Police Station Pathri, District Haridwar. 2. A secret information was received by the police party on 24.03.2025 that the applicants are slaughtering cow. The police party raided the spot. Six persons were present on the spot. They managed to escape from the spot. The police party recovered 150 kg. beef and other articles from the spot. 2025:UHC:2304 2 3. Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. G.S. Sandhu, learned Addl. Advocate General for the State. 4. Mr. Mohd. Safdar, Advocate, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. The said beef and the articles were not recovered from the possession of the applicants. Applicants have no criminal antecedents. Applicants are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. 5. Mr. G.S. Sandhu, Addl. Advocate General, 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, 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, Mustakeem, 2025:UHC:2304 3 Riyazul, Smt. Ruksana, Mohtareen, Ahsan and Shamshad, 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: 28.03.2025 Shiv/