Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 4640 (UTT)

MURSALEEN v. STATE OF UTTARAKHAND

ABA/191/2023 · 2025-04-05

Alok Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:2559 1 HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 5TH APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 191 of 2023 Mursaleen …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Sushil Kumar, Advocate holding brief of Mr. Gaurav Singh, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, A.G.A. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant Mursaleen 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.245 of 2023, registered at Police Station Laksar, District Haridwar. 2. As per the FIR dated 17.03.2023, on a secret information, the police party raided the spot and recovered 85 kg. beef and other articles. Co-accused Jakir was arrested. Other persons managed to escape from the spot. The name of the present applicant has come in the statement of the co-accused Jakir. 3. Heard Mr. Sushil Kumar, learned counsel for the applicant and Mr. Pratiroop Pandey, learned A.G.A. for the respondent. 2025:UHC:2559 2 4. Mr. Sushil Kumar, Advocate, submitted that the applicant is an innocent person. He has been falsely implicated in the present matter. He was not present on the spot. Nothing was recovered from his possession. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he was granted interim bail on 24.03.2023 and the conditions of the interim bail have not been violated by him. 5. Mr. Pratiroop Pandey, A.G.A., has opposed the anticipatory bail application. 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, without commenting on the merits of the case, the present Anticipatory Bail Application is allowed and the order dated 24.03.2023, granting interim bail to the applicant, is made absolute. It is directed that in the event of arrest of the applicant, namely Mursaleen, 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 2025:UHC:2559 3 Officer, subject to the following conditions:- (i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) 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. ___________________ ALOK KUMAR VERMA, J. Dt: 05.04.2025 Shiv/