Simma Alias Shamim v. State of Uttarakhand

UKHC010091612023

2026:UHC:5921 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar's order with Signatures COURT'S OR JUDGE'S ORDERS

ABA/448/2023

Simma Alias Shamim --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Alok Mahra, J.

Mr. Gaurav Singh, Advocate for the applicants.

Mr. V.S. Pal and Mr. N.S. Kanyal, A.G.A. for the State of Uttarakhand.

¶2By means of the present application, the applicants seek grant of anticipatory bail in connection with F.I.R./Case Crime No.433 of 2023, registered at Police Station Laksar, District Haridwar, for the offences punishable under Sections 3/5/11 of Uttarakhand Protection for Cow Progeny Act, 2007.

¶3Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that a Coordinate Bench of this Court, vide order dated 15.06.2023, granted interim anticipatory bail to the applicants and, in compliance with the conditions stipulated therein, the applicants have duly cooperated with the investigation as and when called upon by the Investigating Officer. It is further submitted that the investigation has since been concluded and the charge-sheet has already been filed before the competent Court. Learned counsel contends that no material has been brought on record by the prosecution to demonstrate that the custodial interrogation of the applicants is either necessary or warranted at this stage. It is, therefore, prayed that the interim anticipatory bail granted to the applicants be UKHC010091612023

2026:UHC:5921 confirmed and made absolute.

¶4Having heard learned counsel for the parties, perused the material available on record and considered the rival submissions, this Court finds that the applicants have remained protected by virtue of the interim order dated 15.06.2023 and have duly complied with the conditions incorporated therein by extending full cooperation during the course of investigation. The investigation has culminated in submission of the charge-sheet before the competent Court. No material has been placed before this Court to indicate that the applicants have misused the liberty granted to them or have failed to cooperate with the investigating agency. It is also not the case of the prosecution that the custodial interrogation of the applicants is required at this stage. Having regard to the nature of the allegations, the stage of the proceedings, the conduct of the applicant during the period of interim protection and the facts and circumstances of the case, and without expressing any opinion on the merits of the prosecution case, this Court is of the considered opinion that the applicants have made out a fit case for confirmation of the interim anticipatory bail granted earlier.

¶5Consequently, the interim anticipatory bail granted to the applicant vide order dated

15.06.2023 is hereby confirmed and made absolute. The applicants shall remain on anticipatory bail on the same terms and conditions as contained in the aforesaid order dated

15.06.2023 and shall continue to cooperate with the trial proceedings. It shall also be open to the learned trial Court to impose such further conditions, if considered necessary, in accordance with law.

¶6Accordingly, the anticipatory bail application stands allowed.

(Alok Mahra, J.)

16.07.2026 Arpan

ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73 93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9874463 51E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.07.17 10:33:36 +05'30'