In an anticipatory bail application, the High Court granted bail to conspiracy charges in India.
Release on bail upon surrender within three weeks, subject to furnishing a bond of Rs. 20,000 and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 5918 of 2024
The State of Jharkhand ... … Opposite Party CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the petitioners : Mr. Manoj Kumar No. 2, Advocate For the State : Mr. Sunil Kumar Dubey, A.P.P. -----
02/11.09.2024 The petitioners are apprehending their arrest for the offences punishable under Section 414 of the Indian Penal Code, Sections 11(1)(d)/11(1)(e) of the Prevention of Cruelty to Animals Act, 1960 and Section 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005.
2. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have not committed any offence as alleged in the F.I.R. The petitioner nos. 1 and 2 are the owners of the pickup vans bearing registration nos. BR-26K-6106 and JH-22D-6840 from which there is alleged recovery of 6 and 5 numbers of bovine animals respectively. The petitioners have no idea as to how the said vehicles were found loaded with bovine animals. In fact, the drivers of the said pickup vans were in control of the same at the time of the alleged occurrence. The petitioners have no criminal antecedent as has been stated in paragraph no. 12 of the present application. They undertake to co-operate in the ongoing investigation. Hence, they may be given the privilege of anticipatory bail.
3. Learned A.P.P opposes the petitioners’ prayer for
anticipatory bail.
4. Having heard learned counsel for the parties and considering the materials available on record, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners above named, in the event of their arrest/surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Chandil, Seraikella, in connection with Chandil P.S. Case No. 79/2024, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rajesh Shankar, J.)
Manish
2
A.B.A. No. 5918 of 2024
2 issues framed by the court
Whether the petitioners deserve anticipatory bail in offences involving bovine animals.
Whether the bailee should be safeguarded against potential arrest in a pending criminal investigation.
1 provisions across 1 enactments
Kamlesh Kumar Singh
Rita Devi
The State of Jharkhand
RAJESH SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court