Allowed

MD Aurangzeb v. the State of Jharkhand

Jharkhand HC19 Feb 2021A.B.A./308/2021

Case brief

AI extract

What is this about?

The High Court of Jharkhand considered an application for anticipatory bail filed by owners of trucks intercepted while carrying bovine animals. Relying on a similar prior order, the court granted bail provided petitioners surrender within four weeks and furnish a bond with sureties.

What did the court decide?

Anticipatory bail granted upon surrender within four weeks and furnishing a bail bond of Rs.10,000 with two sureties.

MD Aurangzeb Vs the State of Jharkhand — Dowry and Cruelty | Jharkhand HC (2021)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 308 of 2021

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......

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Md. Aurangzeb 2. Sarfaraj Khan --- --- Petitioners

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Versus The State of Jharkhand -- --- Opp. Party

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CORAM: The Hon’ble Mr. Justice Aparesh Kumar Singh Through Video Conferencing

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--For the Petitioners : Mr. Md. Zaid Ahmed, Adv. For the State : Mr. Prabir Kr. Chatterjee, A.P.P. ---

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02/19.02.2021 Learned counsel for the petitioners Mr. Md. Zaid Ahmed undertakes to remove defect no.9(i) within two weeks. Regarding defect no.9(ii) it is apparent that page nos. 21 and 22 are part of the certified copy of the F.I.R. Therefore, the same may be ignored.

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Accordingly, defect no.9(ii) is ignored.

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Heard learned counsel for the petitioners and learned A.P.P. Mr.

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Prabir Kr. Chatterjee.

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Petitioners being owners of Truck Nos. WB 23B 8094 and BR 24GB 6820 out of the four trucks which were intercepted carrying bovine animals, seek protection of anticipatory bail in terms of Section 438 of the Cr.P.C. in connection with Kuru P.S. Case No. 114 of 2020 instituted under Section 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 and Section 11 of the Prevention of Cruelty to Animal Act, 1960, pending in the court of learned Additional Chief Judicial Magistrate, Lohardaga.

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Learned counsel for the petitioners submits that the vehicles are commercial vehicles being used for transportation of goods. It is submitted that petitioners are nowhere involved in transportation of the bovine animals. In similar circumstances, owner of one of the trucks bearing registration no. JH 03D 3786 Vickey Khan @ Sahbaz Alam has been granted anticipatory bail by a Coordinate Bench of this Court in A.B.A. No.6758/2020 vide order dated 20^th January 2021. As per his instructions, petitioners do not have any criminal antecedents. Therefore, they may be protected from arrest on such unfounded allegations.

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Learned A.P.P. has opposed the prayer. He submits that these petitioners are also owners of the trucks and therefore cannot escape from the responsibility of the offence committed in respect of their vehicles.

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I have considered the submissions of learned counsel for the parties and taken note of the facts and circumstances above.

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Having regard to the aforesaid facts and circumstances and that another owner of a truck namely Vickey Khan @ Sahbaz Alam has been granted anticipatory bail by a Coordinate Bench of this Court, I am inclined to grant the privilege of anticipatory bail to the petitioners also on similar footing. Accordingly, petitioners above named, in the event of their surrender or arrest within in a period of 4 weeks, shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Lohardaga in connection with Kuru P.S. Case No. 114 of 2020, subject to the conditions laid down u/s 438(2) Cr.P.C. The petitioners shall cooperate in the investigation. The petitioners and their bailors shall not change their addresses and mobile numbers without permission of the learned trial court during pendency of this case.

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Shamim/

MD Aurangzeb v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Aurangzeb v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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