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2018 Supreme(Jhk) 2264
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Kailash Prasad Deo, J.
Rahban Choudhary - Appellant
Versus
State Of Jharkhand - Respondent
Bail Application No. 4447 of 2018
Decided On : 04-06-2018
A.K. Ganjhu, Adv., V.K. Gupta, Adv.
Granting of bail based on the similarity of the petitioners' case to that of other co-accused who had been enlarged on bail, the petitioners' custody since 16.04.2018, and the absence of criminal antecedents.
Headnote:
Bail - Offences under Indian Penal Code, Jharkhand Bovine Animal Slaughter Act, and Prevention of Cruelty to Animal Act - The court granted regular bail to the petitioners based on the similarity of their case to that of other co-accused who had been enlarged on bail, the petitioners' custody since 16.04.2018, and the absence of criminal antecedents.
Fact of the Case:
The petitioners sought regular bail in connection with a case involving offences under the Indian Penal Code, Jharkhand Bovine Animal Slaughter Act, and Prevention of Cruelty to Animal Act.
Finding of the Court:
The court, considering the similarity of the petitioners' case to that of other co-accused who had been granted bail, the petitioners' custody since 16.04.2018, and the absence of criminal antecedents, directed the petitioners to be released on bail.
Issues: Regular bail for offences under Indian Penal Code, Jharkhand Bovine Animal Slaughter Act, and Prevention of Cruelty to Animal Act.
Ratio Decidendi: The court granted bail based on the similarity of the petitioners' case to that of other co-accused who had been enlarged on bail, the petitioners' custody since 16.04.2018, and the absence of criminal antecedents.
Final Decision: The petitioners named above are directed to be released on bail, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1st, Gumla, in connection with the case.
JUDGMENT
Kailash Prasad Deo, J. – Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners have prayed for grant of regular bail, in connection with Bharno P.S. Case No. 35 of 2018, corresponding to G.R. Case No. 400 of 2018, for the offence under Section 414 of the Indian Penal Code, Section 12 of Jharkhand Bovine Animal Slaughter Act, 2005 and under Section 11(D)(E) Prevention of Cruelty to Animal Act..
3. Learned counsel for the petitioners has submitted that the other coaccused have been enlarged on bail by this Hon''ble Court vide order dated 30.05.2018 and 01.06.2018 passed in B.A. No. 4262 of 2018 and B.A No. 4355 of 2018 respectively. Learned counsel for the petitioner has submitted that the case of these petitioners stand of similar footing to that the other co-accused. That the petitioners are in custody since 16.04.2018.
4. Be that it may, the petitioners are in custody since 16.04.2018 and there are no criminal antecedents against them. In the facts and circumstances of the case the petitioners named above, are directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate, 1 st , Gumla, in connection with Bharno P.S. Case No.35 of 2018 corresponding to G.R. No. 400 of 2018.
