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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Savej Alam Alias Lukka alias Mohd. Shahzeb - Applicant
Versus
State of Uttarakhand - Respondent
Anticipatory Bail Application No. 3 of 2024
Decided On : 04-01-2024
BAIL - ANTICIPATORY BAIL - The court granted anticipatory bail to the applicant under the Uttarakhand Protection of Cow Progeny Act, 2007, emphasizing the lack of direct evidence against the applicant and the need for cooperation with the investigation. The court interpreted the provisions of the Act in light of the applicant's claims of false implication and the absence of recovery from him, leading to the decision to allow bail with specific conditions.
Fact of the Case:
The applicant sought anticipatory bail in connection with Case Crime No.0354 of 2023 under the Uttarakhand Protection of Cow Progeny Act, 2007, 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 the applicant should be granted anticipatory bail, considering the lack of evidence directly linking him to the recovered items and his claims of being falsely implicated.
Issues: Whether the applicant is entitled to anticipatory bail given the circumstances of the case and the evidence presented.
Ratio Decidendi: The court held that anticipatory bail can be granted when there is no substantial evidence against the applicant, and the applicant's cooperation with the investigation is assured.
Result: The anticipatory bail application was allowed, subject to the applicant fulfilling certain conditions including cooperation with the investigation and restrictions on travel.
JUDGMENT :
Ravindra Maithani, J.
Applicant seeks anticipatory bail in Case Crime No.0354 of 2023, under Section 3/5/11(1) of the Uttarakhand Protection of 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 05.11.2023, 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; he has been falsely implicated.
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.
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.
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