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Judgment
Alok Kumar Verma, J
Present Second Anticipatory Bail Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 in connection with Case Crime No.349 of 2023, registered at police station Kotwali Bhagwanpur, District Haridwar under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.
The First Anticipatory Bail Application was rejected on 18.07.2023 as withdrawn.
Mr. Rajveer Singh, Advocate, has submitted that in the First Anticipatory Bail Application, it was not mentioned that who is the owner of the motorcycle. Therefore, present Second Anticipatory Bail Application has been filed after withdrawing the First Anticipatory Bail Application.
As per FIR, informant, Narendra Singh, Sub-Inspector, was present on his duty at Raipur Chowk along with other police personnel. They raided on the spot on a secret information. There were four persons on the spot. A plastic bag was being kept on a motorcycle, bearing Registration No.UK08N6493. Seeing the police, all four persons ran away from the spot. Present applicant was identified by the police personnel. Police party recovered 228 Kg. beef along with cutting tools and other articles from the spot.
Mr. Rajveer Singh, Advocate, contended that the applicant has been implicated in the present matter. He was not present on the spot. The said motorcycle does not belong to the applicant. He has not been convicted by any Court, and, he is a permanent resident of District Haridwar.
On the other hand, Mrs. Manisha Rana Singh, A.G.A., 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.
In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant Parvej Aalam, he will be released on Anticipatory Bail on furnishing his 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 condition that the applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case.
It is clarified that if the applicant misuses or violates the said condition, imposed upon him, the concerned authority will be free to move the Court for cancellation of the anticipatory bail.
Anticipatory Bail Application (No.27 of 2023) stands disposed of accordingly.