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2025 DAILYLAW 767 (UTT)

MOHAT SIM ALIAS BHOTA v. STATE OF UTTARAKHAND

ABA/21/2025 · 2025-01-08

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Anticipatory Bail Application No. 21 of 2025 Mohat Sim alias Bhota and another ….....Applicants Versus State of Uttarakhand ….….Respondent Present:- Mr. Gaurav Singh and Mr. Pankaj Semwal, Advocates for the applicants. Mr. Virendra Singh Rawat, AGA for the State. Hon’ble Ravindra Maithani, J. (Oral) The applicants Mohat Sim alias Bhota and Savej seek anticipatory bail in FIR/Case Crime No.06 of 2025, dated 04.01.2025, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Bhagwanpur, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, 03.01.2025, police raided a premises and recovered beef and other articles. It is the allegation that the applicants managed to escape from the place of incident. 4. Learned counsel for the applicants would submit that merely based on the information of the informer, the applicants have been implicated in the case; nothing has been recovered from them. 2 5. Learned State counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. He would submit that the applicants managed to escape from the place of incident. 6. Having considered, this Court is of the view that this is a case, in which, the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed. 7. The anticipatory bail application is allowed. 8. In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“the AO”) concerned. In addition to it, the applicants shall also comply with the following conditions:- (i) The applicants shall not approach any witness in any manner, whatsoever. (ii) They shall cooperate with the investigation. (iii) The applicants shall not leave the country without prior permission of the concerned court. 3 (iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. If any of the applicants does not have passport, he shall give an undertaking to that effect to the AO. (v) The applicants shall also give an undertaking on (i), (ii) & (iii) above. (Ravindra Maithani, J.) 08.01.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f54a287831de c46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A087CAEFD1B 3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.01.08 18:52:16 +05'30'