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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Tanjeem - Appellant
Versus
State of Uttarakhand - Respondent
Anticipatory Bail Application No. 37 of 2023
Decided On : 20-01-2023
Anticipatory Bail - Prevention of Cruelty to Animals Act, 1960 and Uttarakhand Protection of Cow Progeny Act, 2007 - The court granted anticipatory bail to the applicant, imposing certain conditions for his release.
Fact of the Case:
Applicant Tanjeem sought anticipatory bail in a case under the Prevention of Cruelty to Animals Act, 1960 and Uttarakhand Protection of Cow Progeny Act, 2007.
Finding of the Court:
The court found the case fit for anticipatory bail and granted the applicant's release on anticipatory bail with certain conditions.
Issues:
Ratio Decidendi: The court considered the nature of the case and the applicant's eligibility for anticipatory bail under the relevant legal provisions.
Final Decision: The anticipatory bail application was allowed, and the applicant was released on anticipatory bail with specific conditions.
JUDGMENT
Ravindra Maithani, J. - Applicant Tanjeem has sought anticipatory bail in FIR No.12 of 2023, under Section 11 of the Prevention of Cruelty to Animals Act, 1960 and Sections 3/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Jhabreda, District Haridwar. He has sought his release on anticipatory bail.
2. Heard learned counsel for the parties and perused the record.
3. Having considered, this Court is of the view that it is a case fit for anticipatory bail and the applicant deserves to be enlarged on anticipatory bail.
4. The anticipatory bail application is allowed.
5. Let the applicant be released on anticipatory bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-
(i) The applicant shall co-operate with the investigation.
(ii) The applicant shall not approach any witness/victim in any manner, whatsoever.
(iii) The applicant shall not leave the country without prior permission of the concerned court.
(iv) The applicant shall deposit his passport with the Investigating Officer. The passport may only be returned by the order of the court concerned. In case, if he does not have passport, he shall give an undertaking to that effect to the Investigating Officer.
(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.
The court applied the provisions of the Prevention of Cruelty to Animals Act, 1960 and Uttarakhand Protection of Cow Progeny Act, 2007 to grant anticipatory bail to the applicant.
Granting anticipatory bail under the Prevention of Cruelty to Animals Act, 1960 and Uttarakhand Protection of Cow Progeny Act, 2007.
Anticipatory bail can be granted when there is insufficient evidence to substantiate the charges against the applicant, provided they agree to cooperate with the investigation and comply with specifi....
Anticipatory bail may be granted in the absence of direct evidence against the applicant, provided the applicant agrees to cooperate with the investigation and adhere to specified conditions.
The court established that anticipatory bail can be granted when there is insufficient evidence to substantiate the allegations against the applicant, ensuring the rights of the accused are protected....
Anticipatory bail can be granted when the evidence against the applicants is primarily based on co-accused statements, emphasizing the presumption of innocence and the right to a fair investigation.
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