Hon'ble Ravindra Maithani, J. (Oral)
Applicants Gulab and Husnain seek anticipatory bail in Case Crime No.612 of 2022, under Section 3/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 ("the Act"), Police Station Gangnaher, Roorkee, District Haridwar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, the applicants were carrying cow progeny in a vehicle. When the police signalled the vehicle to stop, the applicants managed to escape.
4. Learned counsel for the applicants would submit that it is not a case of cow slaughtering, instead, the applicants had purchased the animals and they were taking them to their maternal uncle's house, when it was intercepted. They ran away from the spot so as to avoid any untoward incident in terms of mob-lynching.
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5. Learned State Counsel was given time to file objections, which has not been filed.
6. The Court wanted to know from learned State Counsel as to how the offences under Section 3/11 of the Act is made out? Where is the question of slaughtering? Learned State Counsel would submit that some cutting instruments were also recovered from the possession of the applicants.
7. 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.
8. The anticipatory bail application is allowed.
9. 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 Investigating Officer ("IO"). 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.
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(iii) The applicants shall not leave the country without prior permission of the IO.
(iv) The applicants shall deposit their passports with the IO. 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 IO.
(v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.
(Ravindra Maithani, J.)
12.12.2023
Ravi Bisht