AI Structured Summary
Not yet generated for this judgment
Judgment
Alok Kumar Verma, J
Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail registered at police station Kotwali Dehradun, District Dehradun under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.
Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned AGA for the State.
As per FIR, informant Ashish Kumar, Sub-Inspector, was busy in his patrolling duty along with other police personnel on 06.06.2023. On a secret information, they raided the spot. Four persons were present on the spot. The police party recovered 450 kg. beef, cutting tools and a Santro car(UA06G2775) from the spot. Two co-accused persons were arrested by the police party while two co-accused managed to escape from the spot. The name of the present applicant has come to light in the confessional statements of the co-accused persons.
Mr. Mohd. Safdar, Advocate, contended that the applicant was not present on the spot. He has been falsely implicated by the co-accused persons. Nothing was recovered from his possession. He has no criminal history. He is a permanent resident of District Saharanpur, therefore, there is no chance of his absconding, and, the said vehicle does not belong to the present applicant.
Learned counsel for the State has opposed the Anticipatory Bail Application. However, she has submitted on instructions that the said car does not belong to the present applicant, and, the present applicant has no criminal history.
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 this case and having regard to the submissions of learned counsel for both the parties, it is directed that in the event of arrest, applicant Mohd. Faizan shall be released on Anticipatory Bail on furnishing a 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 following conditions:-
(i) Applicant shall make himself available at the time of interrogation by the Investigating Agency as and when required;
(ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(iii) Applicant shall not leave the country without previous permission of the Trial Court.
It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.
Anticipatory Bail Application (No.763 of 2023) stands disposed of accordingly.