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

23^rd APRI L, 2025 ANTI CI PATORY BAI L APPLI CATI ON NO.403 OF 2025 Aamir and Another ..... Applicants Versus State of Uttarakhand ..…Respondent Counsel for the Applicants : Mr. Bilal Ahmed, Advocate.

Counsel for the Respondent :Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder.

Hon’ble Alok Kumar Verma,J.

The present Application has been filed by the applicants seeking anticipatory bail under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 132 of the Bharatiya Nyaya Sanhita, 2023 in Case Crime No.143 of 2025, registered at Kotwali Roorkee, District Haridwar.

2. As per the First Information Report dated 17.04.2025, the police party raided the spot on a secret information. The police party recovered 110 kilograms beef and other articles. The co-accused Shanawaz was arrested by the police. He told the police that those who fled from the spot were Aamir and Faisal.

3. Heard Mr. Bilal Ahmed, learned counsel for the applicants and Mr. G.S. Sandhu, learned Additional Advocate General for the State.

4. Mr. Bilal Ahmed, Advocate for the applicants contended that the applicants are innocent persons. They have been falsely implicated in the present matter. They were not present on the spot. Nothing was recovered from their possession. They are not previous convicts. They are permanent residents of District Haridwar, therefore, there is no possibility of their 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 applicants, named Aamir and Faisal, 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 cooperate with the Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment;

(iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

(iv) Applicants shall not leave the country without the previous permission of the trial court.

8. It is made clear 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:23.04.2025

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