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2024 DIGILAW 488 (UTT)

Subhan v. State of Uttarakhand

2024-07-18

RAVINDRA MAITHANI

body2024
JUDGMENT : (Ravindra Maithani, J.) : Applicants Subhan, Afsaar, Azeem, Abbas seek anticipatory bail in Case Crime No.355 of 2024, under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Gangnahar, Roorkee, District Haridwar. 2. Heard learned counsel for the parties and perused the record. 3. According to the FIR, on 14.07.2024, beef and other articles were recovered from a place. One of the co-accused was arrested, who named the applicants as the persons, who were also involved in the offence. 4. It is the case of the applicants that merely based on the statement of the co-accused, they have been implicated; they are not previous convict. 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. According to him, based on the statement of the co-accused, the applicants have been named in the FIR. 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.