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2023 DIGILAW 407 (UTT)

Azim v. State of Uttarakhand

2023-07-21

ALOK KUMAR VERMA

body2023
JUDGMENT : Alok Kumar Verma, J. Present Application has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with the First Information Report No.125 of 2022, registered at police station Kichha, District Udham Singh Nagar under Section 3/5 of the Uttarakhand Protection of Cow Progeny Act, 2007. 2. Heard Mr. Vikas Kumar Guglani, learned counsel for applicants and Mr. Pratiroop Pandey, learned AGA for State. 3. As per FIR, police party were busy in checking on 25.03.2022. On a secret information, police party raided the spot. Applicant managed to escape from the spot. Police party recognized the present applicant in the light of the torch. 80 kg. of beef along with cutting tools were recovered from the spot. 4. Learned counsel for the applicant contended that applicant has been falsely implicated in the present matter. He was not on the spot. He has no criminal history, and, he is a permanent resident of District Udham Singh Nagar. 5. On the other hand, Mr. Pratiroop Pandey, AGA, has opposed the Anticipatory Bail Application. 6. 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. 7. In the facts and circumstances of the case, it is directed that in the event of arrest of the applicant, namely, Azim 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. 8. 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. 9. Anticipatory Bail Application (No.464 of 2023) stands disposed of accordingly.