Koka @ Salim vs State Of Jharkhand

Pradeep Kumar Srivastava, J

Heard learned counsel for the parties.

Apprehending his arrest in connection with Kowali P.S. Case No. 71 of 2022 instituted under Section 11 of Prevention of Cruelty to Animals Act and Sections 12(1), 12(2), 12(3) of Jharkhand Bovine Animals (Prohibition of Slaughter) Act, 2005, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

As per FIR, there is allegation of slaughter, sale and transportation of bovine animals by the petitioner alongwith others.

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 submitted that petitioner has complied the notice issued under Section 41(A) Cr.p.c. It is further submitted that other co-accused, namely, Md. Nasim @ Nasim, Liyakat Ali @ Liyakat Hussain in A.B.A. No. 2191 of 2023 vide order dated 05.04.2023 and Jhuhas Rahman @ Julhas, Asgar Khan @ Asgar Ali in A.B.A. No.10514 of 2023 vide order dated 01.02.2024 have been granted anticipatory bail by the Co-ordinate Bench of this Court. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below 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.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class at Jamshedpur in connection with Kowali P.S. Case No. 71 of 2022 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.