IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

23^RD APRI L, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO. 391 of 2025 Yakoob …Applicant Versus State of Uttarakhand …Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate.

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

Hon’ble Alok Kumar Verma,J.

This Application has been filed by the applicant Yakoob for anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960 in Case Crime No.811 of 2024, registered at Police Station Laksar, District Haridwar.

2. As per the First Information Report dated 15.08.2024, the police party raided the spot on a secret information. There were eight persons on the spot. The police party recovered 180 kg. beef and other articles from the spot. Three persons were arrested, whereas the other persons managed to escape from the spot. Sub Inspector Sharad Singh and Head Constable Sunil Saini recognized the fleeing persons by the torchlight.

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

4. Mr. Gaurav Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. Nothing 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. Mr. Pradeep Lohani, Brief Holder, 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 the arrest of the applicant Yakoob, 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: 23.04.2025 Shiv/