Ravindra Maithani, J
1. Applicants- Shajev and Mohd. Tazim seek anticipatory bail in FIR No.0420 of 2024, under Sections 3/5/11(1) of the Uttarakahnd Protection of Cow
Progeny Act, 2007, Police Station Kichha, District Udham Singh Nagar.
2. Heard learned counsel for the parties and perused the record.
3. According to the FIR, on 20.10.2024, police got information that some persons are slaughtering a cow. When the police reached at the place, they
spotted two persons in the night, but those persons, sensing fear, managed to escape. The FIR records that the Police Constables could recognize
them. Police recovered beef and other articles.
4. It is the case of the applicants that nothing was recovered from them; they were not identified; there is no independent witness; 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. He would submit that when the police reached at the spot, the applicants managed to escape.
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 (“AOâ€). 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.
