Saddam vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Saddam seeks anticipatory bail in FIR No.190 of 2023, under Section 3/5/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station ITI, District Udham Singh Nagar.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 11.07.2023, police recovered 210 Kgs beef and other cutting instruments from a place. The FIR records that the applicant managed to escape from the place of incident.

It is the case of the applicant that he is innocent and falsely implicated; he was not arrested from the spot.

Learned State Counsel would submit that no objection, as such, is to be filed, but she would submit that, according to the FIR, beef and other articles were recovered from the place of occurrence, when the applicant managed to escape.

Having considered, this Court is of the view that this is a case in which the applicant should be granted anticipatory bail. Accordingly, the 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 Investigating Officer (“IO”). In addition to it, the applicant shall also comply with the following conditions:-

(i) The applicant shall co-operate with the investigation.

(ii) The applicant shall not approach any witness/victim in any manner, whatsoever.

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

(iv) The applicant shall deposit his passport with the Investigating Officer (“IO”). 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 IO.

(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.