Mohd. Javed vs State Of Uttarakhand

Ravindra Maithani, J

Applicant- Mohd. Javed seeks anticipatory bail in FIR No.0522 of 2018, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Gangnahar, District Haridwar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 28.10.2018, police recovered beef and other articles, but all the persons present at the spot, including the applicant, managed to escape.

Learned counsel for the applicant would submit that during investigation, he was given notice under Section 41A of the Code of Criminal Procedure, 1973. Now, chargesheet has been filed and summons have been issued; no offence is made out against the applicant; nothing was recovered from him.

Learned State Counsel would submit that no separate objection is to be filed. He would submit that the applicant managed to escape from the place of incident.

Having considered, this Court is of the view that this is a case, in which the applicant should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

The anticipatory bail application is allowed.

In the eventuality of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the court concerned. In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall not approach any witness in any manner, whatsoever.

(ii) The applicant shall not leave the country without prior permission of the concerned court.

(iii) The applicant shall deposit his passport with the court. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, he shall give an undertaking to that effect to the court concerned.

(iv) The applicant shall also give an undertaking on (i) & (ii) above.