MOHD. NAUSHAD 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.383 of 2023, registered at police station Bahadrabad, District Haridwar under Sec. 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Sec. 3 read with Sec. 11 of the Prevention of Cruelty to Animals Act, 1960.

(2.) As per the First Information Report dtd. 30/9/2023, Sub-Inspector Sharad Singh, informant, was busy in patrolling duty along with other police personnel. They raided the spot on a secret information. Four persons were present on the spot. Seeing the police, two persons managed to escape from the spot. Police party recovered 150 Kg. beef, cutting tools and other articles from the spot. Two accused persons were arrested on the spot. The co-accused persons stated in their confessional statements that they along with Mohd. Naushad (present applicant) had slaughtered a bull.

(3.) Mr. Gaurav Singh, Advocate, submits that the applicant has been falsely implicated by the co-accused persons. He was not present on the spot. The spot does not belong to the applicant. Nothing was recovered from his possession. He has no criminal history. He is a permanent resident of District Haridwar, therefore, there is no chance of his absconding, and, the said offences are triable by Magistrate.