HIGH COURT OF UTTARAKHAND AT NAINITAL Second Anticipatory Bail Application No.5 of 2025 Arif and another ..….....Applicants Versus State of Uttarakhand ….….Respondent Present:-

Mr. Shakib Husain, Advocate for the applicants.

Mr. Virendra Singh Rawat, AGA for the State.

Hon’ble Ravindra Maithani, J. (Oral)

The applicant seeks anticipatory bail in FIR/Case Crime No.991 of 2022, dated 13.10.2022, under Sections 5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Bhagwanpur, District Haridwar. This is the second anticipatory bail application of the applicant. His first Anticipatory Bail Application No.183 of 2023 has already been dismissed as withdrawn on 10.07.2024.

2. Heard learned counsel for the parties and perused the record.

3. Learned counsel for the applicant would submit that during investigation, the arrest of the applicant was stayed by the Court vide order dated 21.10.2022 in WPCRL No.1992 of 2022. He would submit that thereafter, the applicant has filed an anticipatory bail application which subsequently, he withdrew. It is argued that now charge-sheet has been filed.

5. These factual aspects have been accepted by the learned State counsel.

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 court concerned. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the concerned court.

(iii) The applicant shall deposit his passport with the court concerned. The passport may only be returned by the order of the court concerned. If the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (i) & (ii) above.

(Ravindra Maithani, J.)

04.03.2025

Sanjay