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Judgment
Alok Kumar Verma, J
The present Application has been filed by the applicant Munna alias Aftaab seeking anticipatory bail in Case Crime No. 152 of 2025, registered at Police Station Bhagwanpur, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.
As per the First Information Report, the police party received a secret information on 06.05.2025 that Munna alias Aftaab (present applicant) and other co-accused slaughtered a cow in the morning. At around 12:50 p.m., the police party saw that five persons were coming on two motorcycles. All the persons managed to escape from the spot. Police party recovered 25 kg. beef, other articles and seized a splendor plus motorcycle (registration no. UK 17 U 1475) belonged to the present applicant.
Heard Mr. Rajveer Singh, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.
Mr. Rajveer Singh, Advocate, contended that the applicant has been falsely implicated in the present matter. Applicant’s motorcycle was taken away by the police from his house. Despite sufficient time, the police did not call any independent person as witness. Applicant is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, he is not a convicted person. p
Mr. Pradeep Lohani, Brief Holder, on instructions, 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 applicant Munna alias Aftaab, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -
(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;
(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;
(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;
(iv) Applicant shall not leave the country without the previous permission of the trial court.
It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.