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. 393 of 2025 Mohd. Haroon Kureshi …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.

The present Application has been filed by the applicant Mohd. Haroon Kureshi for anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Section 196(1) and Section 299 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.115 of 2025, registered at Police Station Vikas Nagar, District Dehradun.

2. As per the First Information Report dated 03.04.2025, a head of a cow was found by the police party lying near the barrage Jhula Pool, Dakpathar.

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 First Information Report has been lodged against the unknown persons. Applicant was not involved in the said crime. He has been falsely implicated in the present matter. He has no criminal antecedents. He is a permanent resident of District Dehradun, therefore, there is no possibility 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 Mohd. Haroon Kureshi, 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

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