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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, J.
Alim and Others - Applicants
Versus
State of Uttarakhand - Respondent
Anticipatory Bail Application No. 591 of 2024
Decided On : 01-07-2024
ANTICIPATORY BAIL - UTTARAKHAND PROTECTION OF COW PROGENY ACT - The court granted anticipatory bail to the applicants based on the lack of substantial evidence against them, primarily relying on the statements of co-accused. The court emphasized the need for a fair investigation and the presumption of innocence, allowing bail with specific conditions to ensure cooperation with the investigation and prevent flight risk.
Fact of the Case:
Applicants Alim, Tahir, and Aameer Khan sought anticipatory bail in connection with Case Crime No.0264 of 2024 under the Uttarakhand Protection of Cow Progeny Act, 2007, following a police raid that recovered beef and implicated them based on co-accused statements.
Finding of the Court:
The court found that the applicants were implicated solely based on co-accused statements without prior convictions, leading to the conclusion that anticipatory bail should be granted.
Issues: Whether the applicants should be granted anticipatory bail despite being named by co-accused in the commission of the offence.
Ratio Decidendi: The court held that mere statements from co-accused do not constitute sufficient grounds for denial of anticipatory bail, especially in the absence of prior convictions and the need for a fair investigation.
Result: The anticipatory bail application was allowed, with conditions imposed to ensure cooperation with the investigation and prevent the applicants from leaving the country.
JUDGMENT :
Ravindra Maithani, J.
Applicants Alim, Tahir and Aameer Khan seek anticipatory bail in Case Crime No.0264 of 2024, under Section 3/5/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Kichha, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 08.06.2024, police raided a premises and recovered beef and other articles. Some co-accused were arrested at the spot, who revealed the name of the applicants as the persons, who were also involved in the offence.
4. It is the case of the applicants that they have been implicated merely based on the statement of the co-accused; they are not previous convict.
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 co-accused have named the applicants as the persons, who were also involved in the offence.
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 (“AO”). In addition to it, the applicants shall also comply with the following conditions:-
(ii) The applicants shall not approach any witness in any manner, whatsoever.
(iii) The applicants shall not leave the country without prior permission of the court concerned.
(iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.
(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.
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