Allowed

MD Asif v. State of Jharkhand

Jharkhand HC23 Aug 2024A.B.A./5210/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a pickup van owner-cum-driver accused of transporting bovine animals in a cruel manner. The court noted the seizure lacked independent witnesses and the petitioner undertook cooperation in investigation, and granted pre-arrest bail subject to conditions.

What did the court decide?

Petitioner directed to surrender within three weeks; released on bail on furnishing Rs.20,000 bail-bond with two like sureties to the satisfaction of Judicial Magistrate, 1st Class, Chatra.

MD Asif Vs State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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A. B. A. No. 5210 of 2024

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Md. Asif ….. Petitioner

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Versus

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The State of Jharkhand ….. Opposite Party

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----- CORAM

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HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner: Mr. Kamdeo Pandey For the State: Mr. Satish Prasad, A.P.P

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03/23.08.2024 Heard learned counsel for the parties.

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The petitioner apprehending his arrest in connection with the case registered under Sections 414/34 IPC and Section 11 of Prohibition of Animal Cruelty Act has prayed for grant of anticipatory bail.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and has not committed any offence as alleged in the F.I.R. He is the owner-cum-driver of the pickup van bearing registration no. JH-04K-6142 from which there is alleged recovery of eight bovine animals kept in cruel manner. In fact, there has been no such recovery from the said vehicle. False implication of the petitioner would be evident from the fact that the seizure list prepared in that regard does not bear signature of any independent witness. Though one more criminal case is pending against the petitioner, however, so far as the present case is concerned, he has been implicated without any cogent evidence. He also undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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Learned A.P.P opposes the petitioner’s prayer for anticipatory bail.

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Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the petitioner on anticipatory bail. Accordingly, the above named petitioner is directed to surrender before the concerned Court below within a period of three weeks. If he surrenders before the Court below within the aforesaid period, he shall be released on bail on furnishing bail-bond of

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Rs.20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1^st Class, Chatra in connection with Hunterganj P.S. Case No. 103/2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(RAJESH SHANKAR, J)

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Satish/-

MD Asif v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

MD Asif v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

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