LAWS(UTN)-2023-9-19

VARIS Vs. STATE OF UTTARAKHAND

Decided On September 14, 2023
Varis Appellant
V/S
STATE OF UTTARAKHAND Respondents

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 Case Crime No.353 of 2023, registered at police station Bahadrabad, District Haridwar under Sec. 3/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Sec. 3/11 of the Prevention of Cruelty to Animals Act, 1960.

(2.) As per the First Information Report dtd. 4/9/2023, informant- Pradeep Rathore, Sub-Inspector, along with other police personnel was busy in patrolling duty. On a secret information, police party raided the spot. Police party recovered two live cows and a calf from the spot. There were two persons present on the spot. Seeing the police, both the person managed to escape from the spot. The police's informer had identified the applicant among those who fled from the spot.

(3.) Mr. Mohd. Safdar, Advocate, contended that the applicant has been falsely implicated in the present matter. He was not present on the spot. Nothing was recovered from his possession. The said offence are triable by Magistrate. Applicant is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, he has no criminal history.