2023 Supreme(Online)(JHK) 1907
PRINCIPAL BENCH JHARKHAND
ISTIYAQUE ALAM ALIAS JUGNU ALIAS MD ISTIYAQUE ALAM – Appellant
Versus
THE STATE OF JHARKHAND – Respondent
B.A. 8373 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 8373 of 2023
Istiyaque Alam @ Jugnu @ Md. Istiyaque Alam.... .. ... Petitioner(s)
Versus
The State of Jharkhand.
.. ... ...Opp. Party(s)
...........
CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Petitioner
: Mr. Ritesh Kumar, Advocate
For the State
: Ms. Kumari Rashmi, APP
…...
02/ 17.10.2023. Petitioner above-named who is in custody since 26.04.2023 has moved
this Court for grant of regular bail in connection with T. Tanger (Simdega)
P.S. Case No.62 of 2022 (G.R. No.68 of 2023 (S) registered under Sections
414/ 34 of the Indian Penal Code, Section 11(D)(F) of Cruelty to Animal Act,
1960, Section 12(i) (ii) (iii)/ 13 of Jharkhand Bovine Animal Prohibition and
Slaughter Act, 2005.
Heard the parties.
As per the case of prosecution, it is alleged that 73 bovine animals were
seized which were being herded by three persons and the name of the
petitioner has come up in the confessional statement of co-accused.
It is submitted by learned counsel for the petitioner that offence under
Section 414 IPC will not be made out as there is no theft report regarding the
theft of the cattle. The said Bovine animals were purchased and were being
taken for agricultural and dairy purpose. The only material against him is the
confessional statement of co-accused.
Learned APP for the State has vehemently opposed the prayer.
Considering the submissions of learned counsel and the fact as
discussed above, the bail application is allowed. Accordingly, the petitioner
named above 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 Court below subject to the condition that one of
the bailor(s) must be close relatives of the petitioner and that he shall not
commit an offence, similar to the offence of which he is accused in the present
case.
(Gautam Kumar Choudhary, J.)
Sandeep/
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