Vinod Kumar Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

Vinod Kumar Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail to Vinod Kumar in the event of arrest, on a personal bond of Rs. 30,000/- with two reliable sureties of the like amount to the satisfaction of the Arresting Officer, subject to conditions of cooperation with investigation and availability for interrogation, regular trial attendance once the charge-sheet is filed (without unnecessary adjournments), abstention from inducement, threat or promise to persons acquainted with the facts, and no departure from the country without previous permission of the trial court; misuse or violation of conditions entitles the prosecution to seek cancellation.

Issue for consideration

Whether anticipatory bail should be granted to Vinod Kumar, who stands arraigned in Case Crime No. 365 of 2025 (Police Station Bahadrabad, District Haridwar) and was named by arrested co-accused Rahul as having been with him.

Court's answer

Personal liberty under Article 21 of the Constitution of India is a very precious fundamental right and should be curtailed only when imperative according to the peculiar facts and circumstances of the case.

Ratio / Principle

The anticipatory bail application of Vinod Kumar is allowed.

Key takeaways

In the event of arrest, the applicant shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- with two reliable sureties of the like amount, to the satisfaction of the Arresting Officer.ratio¶¶20
The grant is subject to conditions: (i) the applicant shall cooperate with the Investigating Agency and remain available for interrogation as and when required; (ii) if the charge-sheet is filed, he shall attend the trial court regularly and not seek unnecessary adjournments; (iii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case; and (iv) he shall not leave the country without previous permission of the trial court.ratio¶¶21

Detailed headnote1 paragraphs

Anticipatory Bail – Grant of – Vinod Kumar v. State of Uttarakhand (High Court of Uttarakhand at Nainital, Anticipatory Bail Application No. 1122 of 2025, decided 08.10.2025, Alok Kumar Verma, J.). Applicant sought anticipatory bail in Case Crime No. 365 of 2025, Police Station Bahadrabad, District Haridwar, registered under Sections 3 and 6 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960, after a raid triggered by secret information led to recovery of a bull being transported for slaughter; co-accused Rahul, arrested at the spot, told police that the applicant was also with him, while counsel contended false implication and absence of criminal antecedents. Observing that personal liberty under Article 21 is a very precious fundamental right to be curtailed only when imperative on the peculiar facts, the Court allowed the application: release on arrest on a personal bond of Rs. 30,000/- with two reliable sureties of like amount, to the satisfaction of the Arresting Officer, subject to conditions of cooperation with the Investigating Agency and availability for interrogation, regular trial-court attendance upon filing of the charge-sheet without seeking unnecessary adjournments, no inducement, threat or promise to persons acquainted with the facts, and no departure from the country without previous permission of the trial court; misuse or violation of any condition entitles the prosecution agency to move the Court for cancellation of the bail.

2025:UHC:8860

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08^th OCTOBER, 2025

ANTICIPATORY BAIL APPLICATION NO. 1122 OF 2025

Vinod Kumar .....Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Gaurav Singh, Advocate Counsel for the Respondent : Mr. Akshay Latwal, Assistant Government Advocate with Mr. Prabhat Kandpal, Brief Holder.

Hon’ble Alok Kumar Verma,J.

This Application has been filed for anticipatory bail in Case Crime No.365 of 2025, registered at Police Station Bahadrabad, District Haridwar under Section 3, Section 6 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 3 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960.

2. According to the First Information Report, on 23.09.2025, the police received a secret information that three persons are transporting a bull in a vehicle for slaughtering. The police raided the spot and recovered one bull and other articles from the spot. One co-accused Rahul was arrested, other persons

1

2025:UHC:8860

fled from the spot. Rahul told the police that Vinod (applicant) was also with him.

3. Heard Mr. Gaurav Singh, learned counsel for the applicant and Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent.

4 . Mr. Gaurav Singh, Advocate contended that the applicant has been falsely implicated by the coaccused Rahul. Applicant was not present on the spot. He was not involved in the said offence. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding.

5. Mr. Akshay Latwal, Assistant Government Advocate has opposed the anticipatory bail application orally.

6 . 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 to the peculiar facts and circumstances of the case.

7 . 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 for anticipatory bail, is allowed. It is directed that

2

2025:UHC:8860

in the event of arrest of the applicant-Vinod Kumar, he

shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/ - and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the following conditions: -

(i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required;

(ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment;

(iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(iv) Applicant shall not leave the country without the previous permission of the trial court.

8. I t is made clear that if the applicant misuses

or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail.

___________________ ALOK KUMAR VERMA, J.

Date: 08.10.2025 JKJ/Pant

3