Hammad Alias Farman v. State of Uttarakhand

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

ABA/345/2026

Hammad Alias Farman --Applicant Versus State Of Uttarakhand --Respondent

Hon'ble Alok Mahra, J.

Mr. Mohd. Safdar, learned counsel for the applicants.

¶2Ms. Pushpa Bhatt, learned Additional Advocate General along with Mr. S.C. Dumka, learned A.G.A. and Mr. Nikhil Bisht, learned Brief Holder for the State.

¶3By means of the present anticipatory bail application, the applicant seeks grant of anticipatory bail in the event of their arrest in connection with FIR/Case Crime No. 41 of 2026, under Sections 3/5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Jhabrera, District Haridwar.

¶4Learned counsel for the applicant would submit that the impugned FIR has been lodged on the allegation that during patrolling duty, police received information that applicant along with certain other persons, had allegedly slaughtered cow progeny and was storing and distributing beef on the spot. It is further alleged that thereafter the police conducted a raid at the spot and allegedly recovered approximately 550 kilograms of alleged beef along with equipment and the recovered material was thereafter inspected and sampled by the Veterinary

Officer and, on the basis thereof, the present FIR came to be registered.

¶5Learned counsel for the applicant would further submit that the applicant is innocent and has falsely been implicated in the present case; that, the applicant was not present at the spot at the time of alleged recovery; that, incriminating recovery has been affected from possession of present applicant; that, there is no FSL report to prove that the alleged recovered meat is a cow beef. He would further submit that the present applicant has been implicated in the instant crime only on the basis of the statement of the co-accused person, who has been arrested at the spot. He would further submit that the co-accused persons who have been arrested on the spot have been granted bail by this Court.

¶6Per contra, learned State Counsel would oppose anticipatory bail application and submitted that a substantial quantity of alleged beef has been recovered during the raid conducted by the police and the investigation is still in progress.

¶7At this stage, learned counsel for the applicant would submit that the applicant is ready and willing to surrender before the court concerned and seeks permission to withdraw the present anticipatory bail application with liberty to surrender before the competent court within a reasonable period and seek regular bail. It is further prayed that till such surrender, the applicant may be granted protection from arrest.

¶8Learned State Counsel has objection to the aforesaid prayer.

¶9Heard learned counsel for the parties and perused the material available on record.

¶10Considering facts and circumstances of case and statement made on behalf of applicant, the present anticipatory bail application is dismissed as withdrawn with liberty to the applicant to surrender before the court concerned on or before

20.09.2026 and seek appropriate relief in accordance with law.

¶11Till 20.09.2026 or till the date of surrender, whichever is earlier, applicant shall not be arrested in connection with Case Crime/F.I.R. No. 41 of 2026, under Sections 3/5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Jhabrera, District Haridwar, provided that the applicant cooperates with the investigation and makes himself available before the Investigating Officer as and when required.

¶12It is made clear that in the event the applicant fails to cooperate with the investigation or fails to surrender before court concerned on or before

20.09.2026, the interim protection granted by this Court shall automatically stand vacated without any further order.

(Alok Mahra, J.)

20.08.2026 Mamta

MAM TA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=6a812005bebfcf46f 244f3e584af1449e430ef900b f09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d 9cabfd54852c9e68911ca8b6 6dd26690a191648ab5d8ddti 04efti, cn=MAMTA RANI Date: 2026.08.21 17:00:17 +05'30'