The High Court granted anticipatory bail to petitioners owning vehicles seized while illegally transporting bovine animals. Bail was allowed upon depositing security money and submitting documents to the Investigating Officer.
Grant of anticipatory bail subject to deposit of Rs. 20,000 cash security and furnishing of bail bond with sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 123 of 2019
The State of Jharkhand … Opposite Party
Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Rahul Kumar, Adv. For the State : Addl. P.P.
05 / 20.02.19 Heard the parties.
Apprehending their arrest, the petitioner have moved this Court for grant of privilege of anticipatory bail in connection with Birni P.S. Case No. 145 of 2018 registered under Sections 414/120B/353/307/279/337/338 of the Indian Penal Code and under Section 12/13/ Jharkhand bovine Animla (Prohibition of Slaughter) Act, 2005.
The learned counsel appearing for the petitioner submits that petitioner nos. 1 and 2 are respectively owners of the containers having registration no. UP-65CT-8247 and NL-01AA0138 and allegations against the petitioners that their vehicles were seized while transporting bovine animals illegally, are all false. It is next submitted that the petitioners are ready to cooperate with the investigation of the case and are also ready and willing to furnish sufficient security including cash security, hence, the petitioners be given the privilege of anticipatory bail.
The learned Addl. PP opposes the prayer for anticipatory
bail.
Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Hence, in the event of arrest by the police or surrender within a period of four weeks from the date of this order, the petitioners shall be released on bail on depositing Rs. 20,000/- each as cash security and 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 chief judicial Magistrate, Giridih in connection with Birni P.S. Case No. 145 of 2018subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Adhar card at the time to surrender in the court below with an undertaking not change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.
( ANIL KUMAR CHOUDHARY, J.)
Smita/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in connection with the charge sheet.
Whether the petitioners shall deposit cash security and furnish bail bonds before release.
3 provisions across 3 enactments
Afzal Alam
Shahbaj Afsar
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
