CourtKutchehry.com
High CourtsSingle Bench(2023) 12 UK CK 0172

Tahir And Another vs State Of Uttarakhand

Uttarakhand High Court · Decided on 26 December 2023

HON’BLE JUDGES
Ravindra Maithani, J
RESULT
Allowed
CASE NUMBER
Anticipatory Bail Application No. 1149 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

14 paragraphs · 358 words

Ravindra Maithani, J

1.

Applicants Tahir and Aadil seek anticipatory bail in Case Crime No.0784 of 2023, under Section 3/6/11of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11/3 of the Prevention of Cruelty to Animals Act, 1960, Police Station Kotwali Roorkee, District Haridwar.

2.

Heard learned counsel for the parties and perused the record.

3.

According to the FIR, on 16.12.2023, police recovered some animals in a vehicle. The persons, who were apprehended, revealed it to the police that the animals were to be taken to the applicants. The animals belong to cow progeny.

4.

It is the case of the applicants that nothing was recovered from them; they have been named by the co-accused; there is no material to implicate them.

5.

Learned State Counsel would submit that no separate objection is required to be filed, as such. The anticipatory bail application may be decided based on the material available on record. He would submit that it is the applicant, who was to receive cow progeny, as intercepted by the police.

6.

Having considered, this Court is of the view that this is a case, in which the applicants should be granted anticipatory bail. The instant anticipatory bail application deserves to be allowed.

7.

The anticipatory bail application is allowed.

8.

In the eventuality of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond with two sureties, each in the like amount, by each one of them, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions:-

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

(ii) The applicants shall not approach any witness in any manner, whatsoever.

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

(iv) The applicants shall deposit their passports with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO.

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