In this bail application under sections 414/34 IPC and Jharkhand Bovine Animal (Prohibition of Slaughter) Act, the High Court of Jharkhand granted bail to petitioners based on their undertaking to remove defects and cooperate with the trial.
Petitioners directed to be released on bail on furnishing a bond of Rs. 25,000 each with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 309 of 2021
Versus
The State of Jharkhand … Opposite Party
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioners : Mr. Lina Shakti, Advocate For the State : Mr. P. Chatterjee, Addl. P.P.
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Order No.02 Dated- 04.02.2021
Heard the parties through video conferencing.
Learned counsel for the petitioners 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 petitioners, the defects pointed out by the stamp reporter are ignored for the present.
The petitioners have moved this Court for grant of bail in connection with Chauparan P.S. Case No.359 of 2020 registered under sections 414/34 of the Indian Penal Code and under Section 4D/7/12 of Jharkhand Bovine Animal (Prohibition of Slaughter) Act.
The learned counsel for the petitioners submits that the allegation against the petitioners is that the petitioners were involved in slaughtering bovine animals illegally and the petitioner was arrested by police while driving the truck loaded with bones of bovine animal. It is further submitted that the allegations against the petitioners are all false and there is a valid document for transportation of raw bones. It is next submitted that the petitioners have been in custody since 02.10.2020 as has been mentioned in paragraph no. 12 of the bail application. It is lastly submitted that the petitioners undertake to cooperate with the trial of the case. Hence, it is submitted that the petitioner be admitted to bail.
The learned Addl. P.P. opposes the prayer for bail.
Considering the submissions of the counsels and the fact as discussed above, I am inclined to enlarge the above named petitioners on bail. Accordingly, the petitioners are directed to be released on bail 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 J.M. 1st Class, Hazaribagh, in connection with Chauparan P.S. Case No.359 of 2020 with the condition that the petitioner will cooperate with the trial of the case.
(Anil Kumar Choudhary, J . )
Sonu-Gunjan/
2 issues framed by the court
Whether the petitioners should be granted bail in the genocide-cattle case pending before the Court.
Whether defects pointed out by the stamp reporter require removal for granting bail.
2 provisions across 2 enactments
Naimuddin
Noor Ahmad
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
