Iliyas v. State of Uttarakhand

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

03RD JANUARY, 2026

ANTICIPATORY BAIL APPLICATION NO. 1287 of 2025

Iliyas

..…Applicant

Versus

State of Uttarakhand

..…Respondent

Counsel for the Applicant : Mr. Mohd. Safdar, Advocate

Counsel for the Respondent : Mr. Pradeep Lohani, Brief

Holder.

Hon'ble Alok Kumar Verma,J.

This Application for anticipatory bail has been filed in Case Crime No.1110 of 2022, registered at Police Station Laksar, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

2.

An anticipatory bail application was filed by the applicant before the Sessions Court. Learned Additional District & Sessions Judge, Laksar, District Haridwar has rejected the said Application (ABA No.192 of 2025) on 16.12.2025.

3.

According to the First Information Report, on

25.11.2022, a secret information was received by the police that Iliyas (applicant), Gulzar and Husan are slaughtering a cow in a sugarcane field of Meharban.

The police raided the spot at 19:30 hrs. They noticed that three persons were present on the spot. They were talking among themselves by taking each other's names. Seeing the police, they took advantage of the darkness and managed to escape from the spot. The police recovered 85 Kg. beef and other articles from the spot.

4.

Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Pradeep Lohani, learned Brief Holder for the respondent.

5.

Mr. Mohd. Safdar, Advocate contended that the applicant has been falsely implicated by the police. He was not present on the spot. He has no criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, the charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

6.

Mr. Pradeep Lohani, Brief Holder has opposed the anticipatory bail application orally.

7.

Personal liberty under Article 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.

¶8Having 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 in the event of arrest of the applicant-Iliyas, 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 attend the trial court regularly and he shall not seek any unnecessary adjournment;

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

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

¶9It is clarified 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: 03.01.2026 JKJ/Pant