Dilshad Raza Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Dilshad Raza Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Dilshad Raza and Saddam Hussain: surrender before the learned court below within two weeks; release on bail bonds of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Simdega, subject to Section 438(2) CrPC conditions.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Kersai P.S. Case No. 24 of 2023 (offences under Section 414 IPC, Section 11(D)(F) Prevention of Cruelty to Animal Act, 1960 and Section 12(i)(ii) Jharkhand Bovine Animal (Prohibition of Slaughter) Act, 2005), are entitled to anticipatory bail.

Court's answer

This Court extended the privilege of anticipatory bail to both petitioners in connection with Kersai P.S. Case No. 24 of 2023, having considered the submissions made (that the petitioners are neither owner nor driver of the vehicle, were implicated on information from an unknown source, and have no criminal antecedents).

Ratio / Principle

The petitioners are directed to surrender before the learned court below within two weeks from the date of receipt of a copy of the order.

Key takeaways

On surrender, the petitioners are to be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Simdega.ratio¶16
The release on bail is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶16

Detailed headnote1 paragraphs

Anticipatory Bail Application allowed (A.B.A. No. 3075 of 2024, High Court of Jharkhand at Ranchi, Ambuj Nath, J., order dated 04.07.2024): Dilshad Raza and Saddam Hussain, apprehending arrest in Kersai P.S. Case No. 24 of 2023 (registered under Section 414 IPC, Section 11(D)(F) Prevention of Cruelty to Animal Act, 1960 and Section 12(i)(ii) Jharkhand Bovine Animal (Prohibition of Slaughter) Act, 2005, pending before the learned Chief Judicial Magistrate, Simdega), were granted anticipatory bail. Background: on 29.08.2023 Kersai police intercepted pick-up van JH01W-3518 carrying seven cattle; counsel submitted the petitioners are neither owner nor driver of the vehicle, were implicated on information from an unknown source, and have no criminal antecedents. Petitioners directed to surrender within two weeks and to be released on bail bonds of Rs. 25,000/- each with two sureties of the like amount each, subject to Section 438(2) CrPC conditions.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 3075 of 2024

------

Dilshad Raza 2. Saddam Hussain … … Petitioners

-Versus -

The State of Jharkhand ... … Opposite Party

CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH

-----For the Petitioners : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Pankaj Kr. Mishra, A.P.P.

04/04.07.2024

Heard the parties

Petitionersare apprehending their arrest in connection with Kersai P.S. Case No. 24 of 2023, for the offences registered under Section 414 of the Indian Penal Code, Section 11(D)(F) of Prevention of Cruelty to Animal Act, 1960 and Section 12(i)(ii) of Jharkhand Bovine Animal (Prohibition of Slaughter) Act, 2005, pending in the Court of learned Chief Judicial Magistrate, Simdega.

On 29.08.2023, Kersai police on the basis of confidential information intercepted a pick-up van bearing registration no. JH01W-3518. On search, seven cattle were found loaded on it.

It was submitted that the petitioners are neither owner nor driver of the vehicle. It was further submitted that petitioners have been made accused only on the basis of information given by unknown source that they were transporting seized cattle. It was finally submitted that petitioners have got no criminal antecedents and this fact has been mentioned at paragraph no. 18 of the anticipatory bail application.

Considering the submissions made above, I am inclined to extend the privilege of anticipatory bail to the petitioners. Accordingly, the petitioners, above named, are directed to surrender before the learned court below within two weeks from the date of receipt of a copy of this order and the learned court below on their surrender, shall release them on bail on furnishing bail bonds 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, Simdega in connection with Kersai P.S. Case No. 24 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(AmbujNath, J.)

Rahul/-