Shoeb vs State Of Uttarakhand

Alok Kumar Verma, J

Applicant-accused Shoeb has filed this Application under Section 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in connection with the Case Crime No.736 of 2023, registered at police station Bhagwanpur, District Haridwar under Section 3 read with Section 11 of the Uttarakhand Protection for Cow Progeny Act, 2007 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960.

As per the First Information Report dated 18.10.2023, co-accused Shayyed was carrying a bull and cutting equipments in a vehicle (registration no.UK 08CA 3402). He was arrested by the police party. He stated in his confessional statement that he was taking the said animal to Shoeb (present applicant) for slaughtering.

Heard Mr. Gaurav Singh, learned counsel for the applicant (through video conferencing) and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Gaurav Singh, Advocate contended that the applicant has been falsely implicated by the co-accused. He does not have any criminal antecedents. 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.

In the facts and circumstances of the case, applicant-Shoeb 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.983 of 2023) stands disposed of accordingly.