Farad vs State Of Uttarakhand

Alok Kumar Verma, J

Apprehending his arrest, applicant-accused Farad had moved an Application for grant of Anticipatory Bail before the Ist Additional Sessions Judge Roorkee, District Haridwar. The said Application has been dismissed vide order dated 03.07.2023. Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in respect of Case Crime No. 82 of 2023, registered at police station Kaliyar Sharif, District Haridwar under Sections 5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

As per FIR dated 07.02.2023, on a secret information, police party raided the spot and 65 Kg of beef and other articles were recovered from a shop. Co-accused Shahrukh was arrested. The name of the present applicant has come to light in the confessional statement of the co-accused Shahrukh.

Mr. Mohd. Safdar, Advocate, has submitted that the applicant has been falsely implicated in the present matter. Applicant was not on the spot. The said shop does not belong to the applicant. Maksud is the owner of the said shop and the co-accused Shahrukh is the tenant of Maksud. Applicant has not been convicted by any Court, and, he is a permanent resident of District Haridwar.

On the other hand, learned counsel for the State has opposed the Anticipatory Bail Application.

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.

In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Farad, he will be released on Anticipatory Bail on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount, to the satisfaction of the Investigating Officer/Arresting Officer with the condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates the said condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.

Anticipatory Bail Application (No. 558 of 2023) stands disposed of accordingly.