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2023 Supreme(Online)(JHK) 1343
HIGH COURT OF JHARKHAND
HON'BLE MR. JUSTICE RAJESH KUMAR
WASIM ALAM ALIAS PAPUL ALIAS MD WASIM ALAM – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
B.A./12368/2022
An accused is entitled to bail unless there are compelling reasons to deny it.
Headnote:
BAIL - CATTLE SLAUGHTER - [Section 414/34 of the Indian Penal Code and under Section 11 of the Cruelty against Animal Act and under Section 12(i)(ii)/13 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005] - Accused alleged to be transporting bovine animals - Co-accused named the accused - Bail granted considering the facts and circumstances of the case.
Fact of the Case:
The accused was arrested on 29.09.2022 in connection with Simdega P.S. Case No.86 of 2021 corresponding to G.R. Case No.327 of 2022, registered for the offence under Section 414/34 of the Indian Penal Code and under Section 11 of the Cruelty against Animal Act and under Section 12(i)(ii)/13 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005. The co-accused named the accused as being involved in the transportation of bovine animals.
Finding of the Court:
The court considered the facts and circumstances of the case, including the accused's claim of innocence and undertaking to participate in the trial.
Issues: Whether the accused should be granted bail in the given circumstances.
Ratio Decidendi: The court held that the accused was entitled to bail considering the facts and circumstances of the case.
Final Decision: The court directed the accused to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, subject to certain conditions.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.12368 of 2022
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Wasim Alam @ Papul @ Md. Wasim Alam
….
….
Petitioner/Applicant
Versus
The State of Jharkhand
….
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Opposite Party
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CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner/Applicant
: Mr. K.S. Nanda, Adv.
For the State
: Mrs. Kumari Rashmi, A.P.P.
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02/Dated: 11th January, 2023
1.
Heard learned counsel for the applicant and learned counsel for the State.
2.
The applicant who is in custody since 29.09.2022 has approached this
Court for grant of regular bail in connection with Simdega P.S. Case No.86 of
2021 corresponding to G.R. Case No.327 of 2022, registered for the offence
under Section 414/34 of the Indian Penal Code and under Section 11 of the
Cruelty against Animal Act and under Section 12(i)(ii)/13 of the Jharkhand
Bovine Animal Prohibition of Slaughter Act, 2005.
3.
It appears that the applicant is accused of transporting some bovine
animal and being intercepted by the police the co-accused has taken the name
of this applicant.
4.
Innocence has been claimed by the learned counsel for the applicant and
undertaking has been given for participation in the trial. On the above basis,
prayer for bail has been made.
5.
Learned counsel for the State has opposed the prayer for bail.
6.
Considering the above facts, the applicant, named above, is directed to
be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Simdega in connection with Simdega
P.S. Case No.86 of 2021 corresponding to G.R. Case No.327 of 2022, subject
to condition that the applicant will submit self-attested photocopy of his
Aadhaar Card and also submit his mobile number before the learned court
below which he will always keep active and will not change it during pendency
of this case without prior permission of the court.
(Rajesh Kumar, J.)
Amar/-
