Kalam Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

Kalam Ansari Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks from the date of the order and, on surrender/arrest, to be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to conditions under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether Kalam Ansari, apprehending arrest in connection with Jari P.S. Case No. 22 of 2023 (under Sections 279, 411 and 34 IPC, Section 12(1) of the Jharkhand Bovine Animal Slaughter Act, 2005 and Section 11(i)(iv) of the Animal Cruelty Act, 1960), is entitled to anticipatory bail.

Court's answer

Considering that the petitioner is only the driver of the pickup van which met with an accident in course of travelling, that three cattle were said to be dead, and that the owner has already been granted anticipatory bail in A.B.A. No. 717 of 2024, the petitioner is held entitled to the privilege of anticipatory bail.

Ratio / Principle

The petitioner is directed to surrender before the learned Court within three weeks and, in the event of surrender/arrest, shall be released on bail on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Gumla, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory Bail – Grant of – Petitioner, driver of a pickup van carrying animals, apprehended arrest in Jari P.S. Case No. 22 of 2023 under Sections 279, 411 and 34 IPC, Section 12(1) of the Jharkhand Bovine Animal Slaughter Act, 2005 and Section 11(i)(iv) of the Animal Cruelty Act, 1960, pending before Judicial Magistrate, 1st Class, Gumla – Counsel submitted the vehicle met with an accident in course of travel, three cattle were said to be dead, and the owner had already been granted anticipatory bail in A.B.A. No. 717 of 2024 – Court inclined to extend the privilege of anticipatory bail to the driver – Petitioner directed to surrender within three weeks; on surrender/arrest to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to conditions under section 438(2) of the Code of Criminal Procedure – Application allowed.

IN THE HIGH COURT OF JHARKHAND, RANCHI A.B.A. No. 723 of 2024

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Kalam Ansari .... Petitioner -- Versus -- The State of Jharkhand .... Opposite Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --For the Petitioner :- Mr. Arvind Prajapati, Advocate For the State :- Mr. Vineet Kumar Vashistha, Advocate ----

06 /14.06.2024 This matter is assigned by the Hon’ble A.C.J. to this Bench.

2. Heard the learned counsel for the petitioner as well as the learned counsel for the respondent State.

3. The petitioner is apprehending his arrest in connection with Jari P.S. Case No. 22 of 2023, for the offence registered under Sections 279, 411 and 34 of the Indian Penal Code, Section 12(1) of the Jharkhand Bovine Animal Slaughter Act, 2005 and Section 11(i)(iv) of the Animal Cruelty Act, 1960 pending in the Court of learned Judicial Magistrate, 1^st Class, Gumla.

4. Learned counsel appearing for the petitioner submits that the petitioner is the driver of the pickup van and he submits that in the said pickup van animals were being carried, however the said vehicle met with an accident and thereafter the case has been instituted. He submits that the petitioner has got no criminal antecedent which is disclosed in paragraph No.14 of the petition. He further submits that the owner has been provided the privilege of

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A.B.A. No. 723 of 2024

anticipatory bail in A.B.A. No.717 of 2024.

5. Learned counsel appearing for the State opposed the prayer on the ground that illegally the bovine animals were being carried. 6. Considering that the petitioner is the driver of the pickup van which was being driven by him and in course of travelling the accident took place and three cattle were said to be dead and the owner has been provided the privilege of anticipatory bail in aforesaid A.B.A., I am inclined to provide privilege of anticipatory bail to the petitioner.

7. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1^st Class, Gumla, in connection with Jari P.S. Case No. 22 of 2023, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar Dwivedi, J.)

Sangam/

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A.B.A. No. 723 of 2024