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2025 DAILYLAW 5751 (UTT)

KURBAN v. STATE OF UTTARAKHAND

ABA/429/2025 · 2025-04-29

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:3217 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO. 429 of 2025 Kurban …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Rajveer Singh, Advocate (Through video conferencing). Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant Kurban for anticipatory bail in the First Information Report bearing registration no. 109 of 2025, 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. 2. On a secret information, the police party raided the spot on 04.04.2025 and recovered 8 kg. beef from the spot. Co-accused Aneesa was arrested. She told the police that Kurban (the present applicant) slaughtered the cow and sent her to sell it. 1 2025:UHC:3217 3. Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. G.S. Sandhu, learned Additional Advocate General for the State. 4. Mr. Rajveer Singh, Advocate, contended that the applicant has been falsely implicated by the co- accused. He was not involved in the said crime. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding. 5. Mr. G.S. Sandhu, Additional 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 for anticipatory bail, is allowed. It is directed that in the event of the arrest of the applicant Kurban, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable 2 2025:UHC:3217 sureties, each of the like amount, to the satisfaction of the Arresting 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 clarified 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: 29.04.2025 Shiv/ 3