Nawaz Khan vs State Of Uttarakhand

Citation : 2026 Latest Caselaw 1355 UK
Judgement Date : 23 February, 2026

[Cites 2, Cited by 0]

Uttarakhand High Court

Nawaz Khan vs State Of Uttarakhand on 23 February, 2026

Author: Alok Kumar Verma
Bench: Alok Kumar Verma
                                                       2026:UHC:1167

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
      THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                   23rd FEBRUARY, 2026
      ANTICIPATORY BAIL APPLICATION NO. 64 of 2026

Nawaz Khan                                        .....Applicant

                              Versus

State of Uttarakhand                            .....Respondent


Counsel for the Applicant     :      Mr. Mohd. Safdar, Advocate.
Counsel for the Respondent    :       Mr. Deepak Bhardwaj,
                                      Brief Holder.


Hon'ble Alok Kumar Verma,J.

This Application has been filed for anticipatory bail in Case Crime No. 322 of 2025, registered at Police Station Jhabrera, District Haridwar under Section 3, Section 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007.

2. The Anticipatory Bail Application of the applicant has been rejected by the learned Ist Additional Sessions Judge, Roorkee, District Haridwar on 18.02.2026.

3. As per the First Information Report dated 07.11.2025, the police received a secret information on 06.11.2025 that Nawaz Khan (applicant), Shamshad, Irtaza alias Dhaba, Subhan, Abbas and Azim are slaughtering a cow. They raided the spot. They noticed that six persons were present on the spot. Seeing the police, they managed 1 2026:UHC:1167 to escape from the spot. The police recovered 200 kg. beef and other articles from the spot.

4. Heard Mr. Mohd. Safdar, learned counsel for the applicant and Mr. Deepak Bhardwaj, learned Brief Holder for the respondent.

5. Mr. Mohd. Safdar, Advocate, has contended that the applicant has been falsely implicated by the police. He was not present on the spot. The alleged place of recovery is an open place and the place of recovery does not belong to the applicant. Applicant is not a convicted person. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. Abbas, Irtaza alias Dhaba, Azim, Subhan and Shamshad, the co-accused of similar role, have already been granted anticipatory bail/ regular bail by this Court.

6. Mr. Deepak Bhardwaj, Brief Holder, has opposed the anticipatory bail application orally.

7. 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.

8. 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 in the event 2 2026:UHC:1167 of arrest of the applicant Nawaz Khan, 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.

9. It 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: 23.02.2026 Pant/ 3