Allowed

Hardeep Kaur v. State of Uttarakhand through Secretary, Ministry of Home Affairs, U.K. Dehradun

Uttarakhand HC12 Dec 2023ABA/252/2023

Case brief

AI extract

What is this about?

The High Court of Uttarakhand allowed an application for anticipatory bail filed by Smt. Hardeep Kaur against FIRs under the Uttarakhand Protection of Cow Progeny Act and the Prevention of Cruelty to Animals Act.

What did the court decide?

Anticipatory bail allowed subject to personal bond with two sureties and specific undertakings.

Hardeep Kaur Vs State of Uttarakhand through… — Anticipatory Bail | Uttarakhand HC (2023)

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HIGH COURT OF UTTARAKHAND AT NAINITAL

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Anticipatory Bail Application No. 252 of 2023

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Smt. Hardeep Kaur ...Applicant

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Versus

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State of Uttarakhand ...Respondent

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Present:-

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Mr. Abhishek Verma, Advocate for the applicant. Mr. Amit Bhatt, D.A.G. for the State.

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Hon’ble Ravindra Maithani, J. (Oral)

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Applicant seeks anticipatory bail FIR No. 305 of 2022, under Section 6 (1) & 11 (2) of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Kunda, District Udham Singh Nagar.

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Heard learned counsel for the parties and perused the record.

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According to the FIR, on 20.11.2022, the Police intercepted a vehicle, which have cow progeny in it. One of the occupants were arrested. According to the FIR, the applicant managed to escape from the place of incident.

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It is argued that nothing was recovered from the applicant; she has been implicated merely on the basis of the statement of the co-accused.

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Learned State counsel would submit that the coaccused was apprehended. It is he who named the applicant.

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Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail.

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The anticipatory bail application is allowed.

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In the eventuality of arrest, the applicant shall be enlarged on anticipatory bail subject to his furnishing a personal bond with two sureties, each in the like amount, to the satisfaction of the Investigating Officer (“IO”). In addition to it, the applicant shall also comply with the following conditions:

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(i) The applicant shall co-operate with the investigation.

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(ii) The applicant shall not approach any witness in any manner, whatsoever.

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(iii) The applicant shall not leave the country without prior permission of the concerned court.

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(iv) The applicant shall deposit her passport with the IO. The passport may only be returned by the order of the court concerned. In case the applicant does not have passport, she shall give an undertaking to that effect to the IO.

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(v) The applicant shall also give an undertaking on (i), (ii) & (iii) above.

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(Ravindra Maithani, J.) 12.12.2023

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Jitendra

Hardeep Kaur v. State of Uttarakhand through Secretary, Ministry of Home Affairs, U.K. Dehradun

Case brief

What is this about?

What did the court decide?

Hardeep Kaur v. State of Uttarakhand through Secretary, Ministry of Home Affairs, U.K. Dehradun

Case brief

What is this about?

What did the court decide?

What the court decided

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