Gulabi @ Md. Gulabi vs State Of Jharkhand

Pradeep Kumar Srivastava, J

Heard learned counsel for the parties.

Apprehending his arrest in connection with Poraiyahat P.S. Case No. 55 of 2023, instituted under Section 12 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 and Section 11(1)(d) and 11 (1)(e) of Animal Cruelty Act, 1960, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

As per F.I.R., the allegation is that the Pick-up Van of the petitioner was indulged in illegal transportation of bovine animals.

Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is further submitted that petitioner is owner of the Pick-up Van bearing registration no. BR-51G-9924. It is further submitted that petitioner has no criminal antecedent. It is further submitted that co-accused Md. Mister has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 24.04.2024 passed in A.B.A. No. 1687 of 2024 and the case of the petitioner stands on similar footing. Petitioner undertakes to co-operate in investigation of the case and also abide by all terms and conditions, as imposed by this Court, in the case of granting anticipatory bail to this petitioner. Hence, petitioner may be granted privilege of anticipatory bail.

On the other hand, learned Addl.P.P. appearing for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation against the petitioner and the materials available on the record and also the fact that co-accused has been granted anticipatory bail by the Co-ordinate Bench of this Court, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Godda in connection with Poraiyahat P.S. Case No. 55 of 2023, with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.