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2025 Supreme(Online)(UK) 374043

HIGH COURT OF UTTARAKHAND
SHOEB – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
ABA 893 / 2025



IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

08th AUGUST, 2025

ANTI CI PATORY BAI L APPLI CATI ON NO. 893 of 2025

Shoeb …Applicant

Versus

State of Uttarakhand …Respondent

Counsel for the Applicant : Mr. Mohit Kumar Kashyap,

Advocate.

Counsel for the Respondent : Mr. Tumul Nainwal, Assistant

Government Advocate

assisted by Mr. Chitrarth

Kandpal, Brief Holder.

Hon’ble Alok Kumar Verma,J.

This Application has been filed by the

applicant- Shoeb for anticipatory bail in FIR No.11 of 2025, registered at Police Station Pulbhatta, District Udham Singh Nagar under Section 3, Section 5 read with Section 11(1) of the Uttarakhand Protection of

Cow Progeny Act, 2007.

2. According to the First Information Report dated 26.01.2025, on a secret information, the police raided the house of Akhlaq Ansari (named accused). The police recovered 30 kg. beef and other articles from the spot. Akhlaq Ansari managed to escape from

the spot.

3. Heard Mr. Mohit Kumar Kashyap, learned counsel for applicant and Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent.

4. Mr. Mohit Kumar Kashyap, Advocate, submitted that the applicant has been falsely implicated in the present matter. He was not present on the spot. Nothing has been recovered from his possession. He is not a convicted person. He is a permanent resident of District Udham Singh Nagar, therefore, there is no chance of his absconding.

5. Mr. Tumul Nainwal, Assistant Government Advocate, has opposed the Anticipatory Bail Application orally.

6. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

7. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Shoeb he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

8. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

___________________ ALOK KUMAR VERMA, J.

Dt: 08.08.2025 Pant/

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