HIGH COURT OF UTTARAKHAND
GULJAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
ABA 5 / 2026
I N THE HI GH COURT OF UTTARAKHAND
AT NAI NI TAL
THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA
09th JANUARY, 2026
ANTI CI PATORY BAI L APPLI CATI ON NO. 5 of 2026
Guljar and Another ..…Applicants
Versus
State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Mohd. Safdar, Advocate Counsel for the Respondent : Mr. Akshay Latwal, Assistant
Government Advocate.
Hon’ble Alok Kumar Verma,J.
This Application for anticipatory bail has been
filed in Case Crime No.1110 of 2022, registered at Police Station Laksar, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of
Cow Progeny Act, 2007.
2. Anticipatory Bail Application (ABA No.201 of 2025) of the applicants has been rejected by learned Additional District & Sessions Judge, Laksar, District
Haridwar on 03.01.2026.
3. According to the First Information Report, on 25.11.2022, a secret information was received by the police that Iliyas (co-accused), Guljar and Husan (applicants) are slaughtering a cow in a sugarcane field of Meharban. The police raided the spot at 19:30 hrs. They noticed that three persons were present on the spot.
They were talking among themselves by taking each other’s names. Seeing the police, they took advantage of the darkness and managed to escape from the spot. The police recovered 85 Kg. beef and other articles from the spot.
4. Heard Mr. Mohd. Safdar, learned counsel for the applicants and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent.
5. Mr. Mohd. Safdar, Advocate contended that the applicants were not present on the spot. They have no criminal antecedents. They are permanent residents of District Haridwar, therefore, there is no possibility of their absconding. Applicants were not arrested during the investigation. They were granted interim relief in a petition, filed under Article 226 of the Constitution of India. Now, charge-sheet has been filed, and, Iliyas, the co-accused of similar role, has already been granted anticipatory bail by this Court in Anticipatory Bail Application No.1287 of 2025.
6. Mr. Akshay Latwal, Assistant Government Advocate, has opposed the anticipatory bail application orally.
7. 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.
8. 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 applicants-Guljar and Husan Ali, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions: -
(i) Applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;
(ii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(iii) Applicants shall not leave the country without the previous permission of the trial court.
9. It is clarified that if the applicants misuse or violate any of the conditions, imposed upon them, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.
___________________ ALOK KUMAR VERMA, J.
Date: 09.01.2026 Shiv
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