[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
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
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/
