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2025 DAILYLAW 5699 (UTT)

SHAIRA v. STATE OF UTTARAKHAND

ABA/424/2025 · 2025-04-28

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3138 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO.424 of 2025 Shaira and three Others ..…Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicant s : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder. Hon’ble Alok Kumar Verma,J. Apprehending their arrest, the applicants have filed the present Application for anticipatory bail in Case Crime No.143 of 2025, registered at Kotwali Roorkee, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 132 of the Bharatiya Nyaya Sanhita, 2023. 2. According to the First Information Report dated 17.04.2025, the police party raided the spot on a secret information and recovered 110 Kg. of beef and other articles. Co-accused Shanawaz was arrested by the police. 1 2025:UHC:3138 3. Heard Mr. Bilal Ahmed, learned counsel for applicants and Mr. Pradeep Lohani, learned Brief Holder for the respondent. 4. Mr. Bilal Ahmed, Advocate submitted that the applicants were not present on the spot. Nothing was recovered from their possession. They have been falsely implicated in the present matter. They do not have any criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding, and, two co-accused of the similar role have been granted anticipatory bail by this Court on 23.04.2025. 5. Mr. Pradeep Lohani, 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, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants, Shaira, 2 2025:UHC:3138 Shanaa, Nisar and Harun, 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. Date : 28.04.2025 JKJ/Pant 3