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2026 DAILYLAW 975 (UTT)

ABBAS v. STATE OF UTTARAKHAND

ABA/15/2026 · 2026-01-14

Ashish Naithani

body2026

Judgment text

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2026:UHC:538 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ASHISH NAITHANI ANTICIPATORY BAIL APPLICATION NO. 15 of 2026 Abbas ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bilal Ahmed, Advocate through V.C. Counsel for the State : Mr. S.S. Chauhan,D.A.G. assisted by Mr. Vikash Uniyal,Joshi, Brief Holder. Hon’ble Ashish Naithani,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed seeking anticipatory bail in connection with FIR/Case Crime No. 391 of 2025, registered at Police Station Laksar, District Haridwar, for offences punishable under Sections 3, 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007. 2. As per the prosecution case, the FIR was lodged on 05.04.2025 on the basis of secret information received by the police that certain persons were illegally slaughtering a cow in a field. Upon reaching the spot, the police found that all the accused persons had 1 Anticipatory Bail Application No. 15 of 2026, “Abbas Vs State of Uttarakhand”. Ashish Naithani J. fled away on seeing the police party. However, the police recovered approximately 150 kilograms of beef along with other equipment used for cow slaughter from the place of occurrence. 3. Heard Mr. Bilal Ahmed, learned counsel for the Applicant through video conferencing, and Mr. S.S. Chauhan, learned D.A.G. for the State of Uttarakhand, and perused the record. 4. Learned counsel for the Applicant submits that the Applicant has been falsely implicated and that the FIR is a delayed one, for which no explanation has been furnished. It is further submitted that the matter is triable by a Magistrate. 5. On the other hand, learned D.A.G. for the State has opposed the anticipatory bail application. 6. Personal liberty under Article 21 of the Constitution of India is a valuable fundamental right and can be curtailed only in accordance with law and in compelling circumstances. 7. Considering the facts and circumstances of the case, without expressing any opinion on the merits, the Applicant-Abbas is directed to be released on anticipatory bail, in the event of his arrest, on furnishing a personal bond of ₹30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Arresting Officer/ concerned Court, subject to the following conditions: (i) The Applicant shall cooperate with the investigation and shall appear before the Investigating Officer or Trial Court as and when required; 2 Anticipatory Bail Application No. 15 of 2026, “Abbas Vs State of Uttarakhand”. Ashish Naithani J. (ii) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) The Applicant shall not leave the country without prior permission of the Trial Court. 8. It is clarified that if the Applicant misuses the liberty or violates any of the conditions imposed, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail. 9. Accordingly, Anticipatory Bail Application No. 15 of 2026 stands disposed of. (Ashish Naithani, J.) Vacation Judge 14.01.2026 SB 3 Anticipatory Bail Application No. 15 of 2026, “Abbas Vs State of Uttarakhand”. Ashish Naithani J.