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Judgment
Alok Kumar Verma, J
This Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail under Sections 3/5/11 of the Uttarakhand Protection for Cow Progeny Act, 2007 and Section 11 (1)(d) of the Prevention of Cruelty to Animals Act, 1960 in connection with the Case Crime No.626 of 2023, registered at police station Kotwali Jwalapur, District Haridwar.
A police informer informed Sub-Inspector Vikas Rawat, informant, that some persons are slaughtering the cow in bushes. On this information, police party raided the spot. There were five persons present on the spot. Seeing the police, two persons managed to escape from the spot. Police party recovered 03 quintal beef, a cow tied with a rope, two motorcycles and other articles from the spot. Three persons were arrested. The arrested persons stated in their confessional statements that Parvej alias Alladiya (applicant) was also among those who fled from the spot.
Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.
Mr. Mohd. Safdar, Advocate contended that the applicant was not present on the spot. He has been falsely implicated by the co-accused persons. The spot and recovered motorcycles do not belong to the present applicant. Applicant is not a previous convict. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the said offences are triable by Magistrate.
Mrs. Manisha Rana Singh, A.G.A. opposed the Anticipatory Bail Application orally. However, she submits on instructions that the recovered motorcycles do not belong to the present applicant.
In the facts and circumstances of the case, applicant- Parvej alias Alladiya is directed to be released on Anticipatory Bail, in the event of his arrest, on furnishing his personal bond of Rs. 30,000/- and two reliable sureties, each in the like amount on the following conditions:-
(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available at the time of interrogation by the Investigating Agency as and when required;
(ii) In case, charge-sheet is filed, 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 concerned authority will be free to move the Court for cancellation of the anticipatory bail.
Anticipatory Bail Application (No.951 of 2023) stands disposed of accordingly.