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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Farman - Applicant
Vs.
State of Uttarakhand - Respondent
Anticipatory Bail Application No. 249 of 2024
Decided On : 20-03-2024
BAIL - ANTICIPATORY BAIL - The court granted anticipatory bail to the applicant under Section 3/11 of 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 while imposing conditions to ensure compliance and prevent flight risk.
Fact of the Case:
The applicant sought anticipatory bail in a case involving the alleged possession of beef, where he was named in the FIR despite claiming no recovery was made from him.
Finding of the Court:
The court found that the applicant should be granted anticipatory bail due to insufficient evidence linking him directly to the crime, as he was not found at the scene during the police raid.
Issues: Whether the applicant should be granted anticipatory bail given the circumstances of the case and the evidence presented.
Ratio Decidendi: The court determined that the absence of direct evidence against the applicant and his willingness to cooperate with the investigation warranted the granting of anticipatory bail.
Result: The anticipatory bail application was allowed, subject to the applicant fulfilling certain conditions.
JUDGMENT :
Ravindra Maithani, J.
Applicant seeks anticipatory bail in Case Crime No.16 of 2024, under Section 3/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Piran Kaliyar, District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 20.01.2024, police raided a premises and recovered beef and other articles. It is the case in the FIR that three persons managed to escape.
4. It is the case of the applicant that nothing was recovered from him; he has been named without any basis; he is wanted in the case, as reported by the police of Police Station Kaliyar, District Haridwar.
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 when the police raided the premises, 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 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....
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....
The court applied the provisions of the Prevention of Cruelty to Animals Act, 1960 and Uttarakhand Protection of Cow Progeny Act, 2007 to grant anticipatory bail to the applicant.
Granting anticipatory bail under the Prevention of Cruelty to Animals Act, 1960 and Uttarakhand Protection of Cow Progeny Act, 2007.
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