Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(UK) 281

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Azim - Applicant
Versus
State of Uttarakhand – Respondent
Anticipatory Bail Application No. 464 of 2023
Decided On : 21-07-2023

Advocates:
Advocate Appeared:
For the Applicant :Mr. Vikas Kumar Guglani, Advocate.
For the Respondent: Mr. Pratiroop Pandey, AGA.

The central legal point established in the judgment is the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, emphasizing the importance of personal liberty under Article 21 of the Constitution of India and imposing conditions to prevent misuse or violation of the bail.

Headnote:
Anticipatory Bail - Uttarakhand Protection of Cow Progeny Act, 2007 - The court granted anticipatory bail to the applicant under Section 438 of the Code of Criminal Procedure, 1973 in connection with the recovery of beef and cutting tools, emphasizing the importance of personal liberty under Article 21 of the Constitution of India and imposing conditions to prevent misuse or violation of the bail.
Fact of the Case:

The applicant filed for anticipatory bail in connection with the recovery of beef and cutting tools at a spot where the police party was checking. The applicant was recognized by the police party and managed to escape from the spot.
Finding of the Court:

The court granted anticipatory bail to the applicant, emphasizing the importance of personal liberty under Article 21 of the Constitution of India and imposing conditions to prevent misuse or violation of the bail.
Issues: The main issue was whether the applicant should be granted anticipatory bail in connection with the recovery of beef and cutting tools, considering the facts and circumstances of the case.
Ratio Decidendi: The court considered the fundamental right of personal liberty under Article 21 of the Constitution of India and granted anticipatory bail to the applicant, imposing conditions to prevent misuse or violation of the bail.
Final Decision: The court directed that in the event of arrest, the applicant would be released on anticipatory bail on furnishing a personal bond and sureties, with the condition that the applicant shall not make any inducement, threat, or promise to any person acquainted with the facts of the case. It was clarified that misuse or violation of the conditions would lead to the possibility of cancellation of the anticipatory bail.

JUDGMENT :

Alok Kumar Verma, J.

Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with the First Information Report No.125 of 2022, registered at police station Kichha, District Udham Singh Nagar under Section 3/5 of the Uttarakhand Protection of Cow Progeny Act, 2007.

2. Heard Mr. Vikas Kumar Guglani, learned counsel for applicants and Mr. Pratiroop Pandey, learned AGA for State.

3. As per FIR, police party were busy in checking on 25.03.2022. On a secret information, police party raided the spot. Applicant managed to escape from the spot. Police party recognized the present applicant in the light of the torch. 80 kg. of beef along with cutting tools were recovered from the spot.

4. Learned counsel for the applicant contended that applicant has been falsely implicated in the present matter. He was not on the spot. He has no criminal history, and, he is a permanent resident of District Udham Singh Nagar.

5. On the other hand, Mr. Pratiroop Pandey, AGA, has opposed the Anticipatory Bail Application.

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. In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant, namely, Azim will be released on Anticipatory Bail on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/Arresting Officer with the condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

8. It is clarified that if the applicant misuses or violates the said condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

9. Anticipatory Bail Application (No.464 of 2023) stands disposed of accordingly.

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