Sarafat & Ors. v. State of Uttarakhand

Counsel for the Applicant : Mr. Gaurav Singh, Advocate (through video Conferencing). Counsel for the State : Mr. G.S. Sandhu, Addl. Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants Sarafat, Sabir Hasan and Vakil seeking anticipatory bail in Case Crime No.58 of 2025 under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, registered at Police Station Jhabrera, District Haridwar.

As per the First Information Report dated

19.02.2025, on a secret information, the police party raided the spot. One co-accused Shaukat was 1 arrested. The police party recovered 150 kgs. of beef and other articles from the spot. Three persons fled from the spot. The arrested person had told to the police that the name of the persons who escaped from the spot are Sarafat, Sabir Hasan and Vakil.

Heard Mr. Gaurav Singh, learned counsel for applicants and Mr. G.S Sandhu, learned Additional Advocate General assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State.

Mr. Gaurav Singh, Advocate, has contended that the applicants have been falsely implicated in the present matter. They were not present on the spot. The said articles were not recovered from the possession of the present applicants. Applicants do not have any criminal antecedents. Applicants are permanent resident of District Haridwar, therefore, there is no possibility of their absconding.

Mr. G.S. Sandhu, learned Addl. Advocate General, has opposed the Anticipatory Bail Application orally.

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 the peculiar facts and 2 circumstances of the case.

Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. It is directed that in the event of arrest of the applicants Sarafat, Sabir Hasan and Vakil, they shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, by each one of them, to the satisfaction of the Arresting Officer, subject to the following conditions:- (i) Applicants cooperate with Investigating Agency and they shall make themselves available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicants shall attend the trial court regularly and they shall not seek any unnecessary adjournment; (iii) Applicants shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case. (iv) Applicants shall not leave the country without the previous permission of the trial court.

It is made clear that if the applicants misuse or violate any of the conditions, imposed upon them, 3 the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:25.02.2025 Shiv/ 4