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2025 DAILYLAW 9718 (UTT)

MOHD SUBHAN v. STATE OF UTTARAKHAND

ABA/862/2025 · 2025-08-07

Alok Kumar Verma

body2025

Judgment text

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2025:UHC:6917 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 07th AUGUST, 2025 ANTICIPATORY BAIL APPLICATION NO.862 of 2025 Mohd. Subhan and Others .....Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Bilal Ahmed, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicants seeking anticipatory bail in Case Crime No.229 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. According to the First Information Report dated 25.07.2025, on a secret information, the police party raided a mango orchard. The police recovered 5 kg. beef and other articles from the spot. Police party noticed that four persons were present on the spot. 1 2025:UHC:6917 Seeing the police, the persons present on the spot told each other to leave the spot, calling out each other’s names. 3. Heard Mr. Bilal Ahmed, learned counsel for applicants and Mr. Tumul Nainwal, learned Assistant Government Advocate for respondent. 4. Mr. Bilal Ahmed, Advocate, contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. They are not convicted persons. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. 5. Mr. Tumul Nainwal, learned Assistant Government Advocate, has opposed the anticipatory bail application orally. 6. 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 Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicants Mohd. Subhan, Faijan and Rihan, 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 2 2025:UHC:6917 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. 7. 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. Dt:07.08.2025 Neha 3 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee 7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F3 2DE6BA960BFE64D819EE44CA9CCE487B2FE0 F92, cn=NEHA BISHT Date: 2025.08.07 18:37:08 +05'30'