High CourtsSingle Bench

Md. Nasir And Others vs State Of Jharkhand

Jharkhand High Court · Decided on 18 September 2023 · Citation: (2023) 09 JH CK 0044

HON’BLE JUDGES
Anil Kumar Choudhary, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 120B, 414 · Prevention Of Cruelty To Animals Act, 1960 — Section 11(d) · Jharkhand Bovine Animal Prohibition Of Slaughter Act, 2005 — Section 12, 13 · Code Of Criminal Procedure, 1973 — Section 438(2)
CASE NUMBER
A.B.A. No. 7032 Of 2023
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Judgment

6 paragraphs · 405 words

Anil Kumar Choudhary, J

Heard the parties.

Apprehending their arrest, the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Masalia P.S. Case No.01 of 2023 registered under sections 414/ 34/120B of the Indian Penal Code, under section 11 (d) of Prevention of Cruelty to Animals Act and under section 12/13 of Jharkhand Bovine Animals Prohibition of Slaughter Act, 2005.

The Learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioner no.1 is the owner and the petitioner no.2 is the driver of the truck which was involved in transportation of bovine animals for slaughtering them illegally. It is further submitted that the allegations against the petitioners are all false and the petitioners have no criminal antecedent as has been mentioned in paragraph no. 11 of the anticipatory bail application. It is then submitted that the petitioners undertake to furnish sufficient security including cash security and also undertake to cooperate with the investigation of the case. It is lastly submitted that the co-accused persons have already been given the privilege of anticipatory bail by this Court vide order dated 01.09.2023, passed in A.B.A. No. 6094 of 2023. Hence, it is submitted that the petitioners be also given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioners be given the privilege of anticipatory bail. Hence, in the event of their arrest or surrender within a period of six weeks from the date of this order, they shall be released on bail on depositing cash security of Rs.20,000/- each and on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Dumka, in connection with Masalia P.S. Case No.01 of 2023 with the condition that the petitioners will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish their mobile number and a copy of their Aadhar Card in the court below with the undertaking that they will not change their mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.