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Judgment
Alok Kumar Verma, J
This Application has been filed for anticipatory bail in Case Crime No.330 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Section 3, Section 6 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Section 3 read with Section 11 of the Protection of Cruelty to Animals Act, 1960 and Section 318 of the Bharatiya Nyaya Sanhita, 2023.
On 28.09.2025, a secret information was received by the police that Imran Lambu (applicant no.1) and his companions are transporting cows and bulls in a Scorpio vehicle for slaughtering. After sometime, the police tried to stop a vehicle. Seeing the police, the persons sitting in the said vehicle left the vehicle and ran away. The police noticed that there were six persons. One co-accused Imran S/o Irfan was arrested, while other persons managed to escape from the spot. The police recovered two cows. They seized the vehicle. The arrested co-accused told the police that he along with Imran alias Lambu, Parvez, Bholar and Mustaqim (applicants) were involved in the said offence and they use fake number plates on the vehicle.
Heard Mr. Bilal Ahmed, learned counsel for the applicants and Mr. Virendra Singh Rawat, learned Assistant Government Advocate for the respondent.
Mr. Bilal Ahmed, submitted that the applicants have been falsely implicated by the police. They were not present on the spot. Applicant no.1 & Applicant no.2 are permanent residents of District Haridwar and Applicant no.3 & Applicant no.4 are permanent residents of District Saharanpur, Uttar Pradesh, therefore, there is no possibility of their absconding. They are not convicted persons.
Mr. Virendra Singh Rawat, Assistant Government Advocate has opposed the anticipatory bail application orally.
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.
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 Imran alias Lambu, Parvez, Bholar and Mustaqim, 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.
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.
