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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, J.
Shahzeb alias Lukka – Appellant
Versus
State of Uttarakhand – Respondent
Anticipatory Bail Application No. 187 of 2024
Decided On : 29-02-2024
BAIL - ANTICIPATORY BAIL - The court granted anticipatory bail to the applicant under the Uttarakhand Cow Progeny Act, 2007, emphasizing the lack of direct evidence linking the applicant to the alleged recovery of beef. The court highlighted the absence of independent witnesses and the applicant's claim of no involvement, leading to the decision to allow bail with specific conditions to ensure cooperation with the investigation and prevent flight risk.
Fact of the Case:
The applicant sought anticipatory bail in connection with FIR No. 0069 of 2024 under the Uttarakhand Cow Progeny Act, following a police raid that recovered beef and other articles, with the applicant allegedly escaping the scene.
Finding of the Court:
The court found that there was no direct evidence against the applicant, as nothing was recovered from him, and there were no independent witnesses to the recovery, leading to the conclusion that anticipatory bail should be granted.
Issues: Whether the applicant should be granted anticipatory bail in light of the allegations and the evidence presented.
Ratio Decidendi: The court determined that the lack of direct evidence linking the applicant to the crime and the absence of independent witnesses justified the granting of anticipatory bail.
Result: The anticipatory bail application was allowed, with the applicant required to furnish a personal bond and comply with specific conditions during the investigation.
JUDGMENT :
RAVINDRA MAITHANI, J.
1. Applicant seeks anticipatory bail in FIR No. 0069 of 2024, under Section 3/5/11(1) of the Uttarakhand Cow Progeny Act, 2007, Police Station ITI, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 19.02.2024, police raided a premises and recovered beef and other articles. It is the case in the FIR that the applicant managed to escape from the place of incident.
4. It is the case of the applicant that nothing was recovered from him; there is no independent witness of the recovery; he has no concern with the alleged recovery.
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 beef and other articles were recovered from the place of occurrence and the applicant managed to escape.
6. Having considered, this Court is of the view that this is a case, in which the applicant 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 applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicant shall also comply with the following conditions:
(ii) The applicant shall not approach any witness in any manner, whatsoever.
(iii) The applicant shall not leave the country without prior permission of the court concerned.
(iv) The applicant shall deposit his passport with the AO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the AO.
(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.
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