Imtiyaz @ Imtiyaz Quaraisi vs State Of Jharkhand

Heard learned counsel for the Petitioner and learned A.P.P for the State Mr. Prabir Kumar Chatterjee.

Learned counsel for the petitioner submits that the only surviving defect i.e. receipt of payment may not be kept after index, may be ignored.

Accordingly, defect being minor, is ignored.

Petitioner seeks protection in terms of section 438 of Cr. P.C in connection with Simdega P.S. Case No. 80/2020 instituted under sections 414/34 of

the Indian Penal Code and Sections 12(1), 12(2) and 13 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 and pending in the Court of

learned Chief Judicial Magistrate, Simdega.

Learned counsel for the petitioner submits that the petitioner has been implicated only on the confessional statement of apprehended accused Md.

Wasim Alam @ Papul that the cattle being carried by him was to be handed over to the petitioner and other person on instruction of one Madan Turi.

Petitioner has no criminal antecedent. There is no report of any theft of cattle. As such, petitioner may be granted the privilege of anticipatory bail.

Learned Special P.P has opposed the prayer. He submits that numerous cattles were being brought on foot from Odissa side for the purposes of

illegal slaughter. Name of the petitioner has transpired from the apprehended accused Md. Wasim @ Papul.

I have considered the submission of learned counsel for the parties and taken into account the facts and circumstances noted above. Since the

name of the petitioner has transpired only on the confessional statement of the co-accused, I am inclined to grant privilege of anticipatory bail to the

petitioner. Let the petitioner namely, Imtiyaz @ Imtiyaz Quaraisi, in the event of his surrender or arrest within a period of four weeks, be released on

bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief

Judicial Magistrate, Simdega in connection with Simdega P.S. Case No. 80/2020, subject to the condition as laid down under section 438(2) of the Cr.

P.C. Petitioner shall cooperate in the investigation and petitioner and his bailors shall not change their address or mobile no. without prior permission of

the learned Trial Court.