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Judgment
Ravindra Maithani, J
Since both these anticipatory bail applications arise from the same FIR, they are heard together and are being decided by this common order.
Applicants Mohd. Sakib and Mohd. Mufid seek anticipatory bail in Case Crime No.121 of 2024, under Section 3/6/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, and Section 3/11 of the Prevention of Cruelty to Animals Act, 1960 Police Station Jhabrera, District Haridwar.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 23.04.2024, police intercepted a vehicle and recovered some animals in it with some articles. The occupants of the vehicle managed to escape.
Learned counsel for the applicants would submit that it is not a case of slaughtering; only allegation is that animals were being treated with cruelty; they were being transported; applicants are not named in the FIR; applicants are not previous convict.
Learned State Counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail applications may be decided based on the material available on record. He would submit that when police intercepted the vehicle, the applicants managed to escape.
Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail applications deserve to be allowed.
The anticipatory bail applications are allowed.
In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:-
(i) The applicants shall co-operate with the investigation.
(ii) The applicants shall not approach any witness in any manner, whatsoever.
(iii) The applicants shall not leave the country without prior permission of the court concerned.
(iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.
(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.