Allowed

Rahmatulla Khan v. the State of Jharkhand

Jharkhand HC17 Sept 2024A.B.A./5866/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by petitioner apprehending arrest in a bovine smuggling case registered at Chainpur police station, implicated only on a co-accused's disclosure. The court enlarged him on anticipatory bail with conditions under Section 482(2) BNSS.

What did the court decide?

Anticipatory bail granted; release on Rs.20,000 bail bond with two sureties on arrest/surrender within three weeks, subject to Section 482(2) BNSS conditions.

Rahmatulla Khan Vs the 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. 5866 of 2024

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Rahmatulla Khan son of Latif Khan resident of village Jamgain, P.O. Malam, P.S.-Chainur, District- Gumla

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… … Petitioner

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Versus

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The State of Jharkhand …. … Opposite Party

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Kripa Shankar Nanda, Advocate For the State : Mr. Vishwanath Roy, A.P.P. Order No. 04 Dated: 17.09.2024

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The petitioner apprehending his arrest for the offences punishable under Sections 317(5)/3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 11(1)(A)/11(1)(D)/11(1)(H)/11(1)(E)/ 11(1)(K) of the Prevention of Cruelty to Animals Act, 1960 and Sections 3/4/5/12/13 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, has prayed for grant of anticipatory bail.

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2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged in the F.I.R. As per the allegation, Chainpur Police Station received secret information that few bovine smugglers were taking away bovine animals through ‘Sadan Bukam Forest’ towards Chainpur for the purpose of slaughter. The police reached the place of occurrence and found two persons taking away 10 bovine animals towards Chainpur in a cruel manner. On seeing the police, both the accused persons started fleeing away, however one person was apprehended who disclosed his name as Monazir Khan. The petitioner has been implicated in this case on the alleged disclosure made by co-accused Monazir Khan as the person who succeeded in fleeing away from the place of occurrence. Except the said alleged disclosure of the coaccused, there is no material against the petitioner to connect him

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with the alleged offence. The petitioner has no criminal antecedent as has been stated in paragraph-11 of the present anticipatory bail application. He also undertakes to cooperate in the ongoing investigation. Hence, he may be given the privilege of anticipatory bail.

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

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4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioner on anticipatory bail.

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5. Accordingly, the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1^st Class, Gumla in connection with Chainpur P.S. Case No. 29 of 2024, subject to the conditions as laid down under Section 482(2) of the ‘Bharatiya Nagarik Suraksha Sanhita, 2023’.

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Ritesh/

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(Rajesh Shankar, J.)

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A.B.A. No.5866 of 2024

Rahmatulla Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rahmatulla Khan v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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