Shambhu Nath Mishra And Anr vs State of Jharkhand

Heard the parties through video conferencing.

Learned counsel for the petitioners undertakes to remove the defects pointed out by the stamp reporter within two weeks after the lockdown is over.

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

Apprehending their arrest in connection with Jamua P.S. Case No. 221 of 2020 corresponding to G.R. No. 1395 of 2020 instituted under Sections 414/34 of the Indian Penal Code and Section 12(1)(2)(3) of Jharkhand Bovine Animal Prohibition of Slaughter Act, and Section 11(1)(a) of Prevention of Cruelty to Animal Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioners submits that the allegation against the petitioners is that the petitioners are the owner of the vehicles which were involved in transporting of bovine animal for slaughtering them illegally. It is submitted that the allegation against the petitioners is false. Drawing attention of this Court towards para-28 of the instant anticipatory bail application, learned counsel for the petitioners submits that the petitioners have 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 petitioners be given the privileges of anticipatory bail.

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

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned J.M. 1st Class, Civil Court, Giridih within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) each as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Civil Court, Giridih in connection with Jamua P.S. Case No. 221 of 2020 corresponding to G.R. No. 1395 of 2020 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish thier mobile numbers 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.