I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA

22^nd APRI L, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO.378 OF 2025 Subahan ..... Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Mohd. Safdar, Advocate.

Counsel for the Respondent : Mr. Pradeep Lohani, Brief Holder.

Hon’ble Alok Kumar Verma,J.

The present Application has been filed for anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 in Case Crime No.91 of 2025, registered at Police Station Jhabrera, District Haridwar.

2. As per the First Information Report dated 09.04.2025, the police party raided the spot on a secret information. The police party recovered 10 kilograms beef from the spot. Two persons were present on the spot. Co-accused Rizwan was arrested. One person managed to escape from the spot. The co- accused Rizwan told the police that he took the said beef from Subahan, who fled from the spot.

3. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the State.

4. Mr. Mohd. Safdar, Advocate, for the applicant contended that the applicant is an innocent person. He has been falsely implicated in the present matter. He was not present on the spot. Noting was recovered from his possession. He is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding.

5. Learned counsel for the State 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, named Subahan, 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 made clear 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.

Date:22.04.2025

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