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2026 Supreme(Online)(UK) 2050

HIGH COURT OF UTTARAKHAND
Alok Mahra, J
JANI ALIAS MUNEER – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
ABA/201/2026



Advocates:
For the Appellants/Petitioners: Gaurav Singh
For the Respondents: Pushpa Bhatt, S.C. Dumka

An applicant may withdraw an anticipatory bail application to surrender before the trial court, with the court granting limited interim protection to facilitate this process, provided the accused cooperates with the ongoing investigation.

Headnote:(A) Uttarakhand Protection of Cow Progeny Act, 2007 - Sections 3, 5 and 11 - Anticipatory bail application - Withdrawal of application - Permission to surrender before competent court - Grant of interim protection - Where an applicant seeks to withdraw an anticipatory bail application in order to surrender before the Trial Court and move for regular bail, and the State does not oppose the request for limited period protection, the Court may dismiss the application as withdrawn while granting interim protection to facilitate the surrender process. (Paras 7, 8, 10 and 11)

Facts of the case:
The applicants approached the court seeking anticipatory bail in connection with an investigation regarding the alleged disposal of animal remains. The applicants contended that they were falsely implicated and that no incriminating items were found in their possession. During the proceedings, the counsel for the applicants sought to withdraw the application with the liberty to surrender before the lower court and pursue regular bail, requesting interim protection in the meantime.

Findings of Court:
The court noted the submission of the applicants and the lack of objection from the state counsel. In the interest of justice and to facilitate a lawful surrender, the court dismissed the application as withdrawn, permitting the applicants to surrender before the forum of competent jurisdiction by the specified date, while granting interim protection from arrest until that time, provided they cooperate with the ongoing investigation.

Issues: Whether an applicant is entitled to withdraw an anticipatory bail application with the grant of interim protection to facilitate a surrender before a trial court for the purpose of seeking regular bail.

Ratio Decidendi: When there is no opposition from the State, an accused may be allowed to withdraw an anticipatory bail application to submit to the jurisdiction of the trial court, as courts possess the discretion to grant time-bound interim protection to ensure that the accused is not arrested before having the opportunity to seek regular bail, provided that the obligation to cooperate with the investigating authority is maintained.

Result: Application dismissed as withdrawn with liberty to surrender by the stipulated date; interim protection granted until the date of surrender or the specified deadline.

Table of Content
1. factual context regarding fir under cow progeny act. (Para 2 , 3 , 4)
2. parties' contentions regarding innocence and procedural request to surrender. (Para 5 , 6 , 7 , 8)
3. court grants liberty to surrender with temporary protection. (Para 9 , 10 , 11 , 12)

2. Ms. Pushpa Bhatt, learned Additional Advocate General along with Mr. S.C. Dumka, learned A.G.A. for the State.

3. By means of the present anticipatory bail application, the applicants seek grant of anticipatory bail in the event of their arrest in connection with FIR dated 10.02.2026, registered as Case Crime/F.I.R. No. 74 of 2026, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Bhagwanpur, District Haridwar.

4. Learned counsel for the applicant would submit that the impugned F.I.R. has been lodged on the allegation that while on patrolling duty, the police received information regarding certain carcasses of cow progeny lying on the roadside; that, acting upon the said information, the police reached the spot where some local persons allegedly informed them that they had seen the applicant and other co-accused persons disposing of the carcasses in bags. It is further alleged that the recovered material was inspected by the Veterinary Officer, samples were collected, and thereafter the present F.I.R. came to be registered.

5. Learned counsel for the applicant further submits that the applicant is innocent and has been falsely implicated in the present case; that, the applicant was not present at the spot at the time of the alleged recovery and that his implication is based solely upon the statements of certain witnesses; that, no incriminating article has been recovered from the possession of the applicant.

6. Per contra, learned State Counsel opposes the anticipatory bail application and submits that suspected beef was recovered during the raid conducted by the police and that the investigation is still in progress.

7. At this stage, learned counsel for the applicant submits that the applicant is ready and willing to surrender before the court concerned and seeks permission to withdraw the present anticipatory bail application with liberty to surrender before the competent court within a reasonable period and seek regular bail. It is further prayed that till such surrender, the applicant may be granted protection from arrest.

8. Learned State Counsel has no objection to the aforesaid prayer.

9. Heard learned counsel for the parties and perused the material available on record.

10. Considering the facts and circumstances of the case and the statement made on behalf of the applicant, the present anticipatory bail application is dismissed as withdrawn with liberty to the applicant to surrender before the court concerned on or before 10.07.2026 and seek appropriate relief in accordance with law.

11. Till 10.07.2026 or till the date of surrender, whichever is earlier, the applicant shall not be arrested in connection with F.I.R. dated 10.02.2026, registered as Case Crime No. 74 of 2026, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Bhagwanpur, District Haridwar, provided that he cooperates with the investigation and makes himself available before the Investigating Officer as and when required.

12. It is made clear that in the event the applicant fails to cooperate with the investigation or fails to surrender before the court concerned on or before 10.07.2026, the interim protection granted by this Court shall automatically stand vacated without any further order.

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