Saif Ali Khan @ Md. Saif Khan vs State Of Jharkhand

Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.

In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.

Apprehending his arrest in connection with Gumla P.S. Case No. 369 of 2020 instituted under Sections 353, 414, 34 of the Indian Penal Code and Section 11 of Prevention of Cruelty to Animal Act, 1960 and Section 12 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner used criminal force against the police personnel and by deterring them from discharging their duties, took away the bovine animals which were detained by the police party and the petitioner was engaged in the illegal trade and business of bovine animals for slaughtering purpose. It is submitted that the allegation against the petitioner is false. It is next submitted that the co-accused, with similar allegation, has been given the privilege of anticipatory bail by this Court vide order dated 24.03.2021 passed in A.B.A. No.1137 of 2021. Drawing attention of this Court towards para-7 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

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

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Gumla within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gumla in connection with Gumla P.S. Case No. 369 of 2020 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.