FARMAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed under Sec. 438 of the Code of Criminal Procedure, 1973 for grant of Anticipatory Bail in connection with the Case Crime No.304 of 2022 (Criminal Case No.1644 of 2023), registered at police station Gangnahar, District Haridwar under Sec. 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

(2.) As per the First Information Report dtd. 12/5/2022, Sub-Inspector Ashish Kumar, informant, was busy in his patrolling duty along with other police personnel. They raided the spot on a secret information. Five persons were present on the spot. Police party recovered 450 Kg. beef and cutting tools from the spot. Police arrested two persons. Three persons managed to escape from the spot. The arrested persons told the police that they, along with Farman (present applicant), had slaughtered two bulls. Upon conclusion of the investigation, charge-sheet was filed.

(3.) Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated by the co-accused persons. He was not present on the spot. Nothing was recovered from his possession. He has no criminal antecedents. He is a permanent resident of District Haridwar. Therefore, there is no possibility of his absconding. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence. The said offence is triable by Magistrate.