RAVINDRA MAITHANI
Savej Alam Alias Lukka alias Mohd. Shahzeb – Appellant
Versus
State of Uttarakhand – Respondent
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 en
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 there is insufficient evidence to substantiate the charges against the applicant, provided they agree to cooperate with the investigation and comply with specifi....
An applicant may withdraw an anticipatory bail application to surrender before the trial court, with the court granting limited interim protection to facilitate this process, provided the accused coo....
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