Riyaz Ansari v. The State of Jharkhand

: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner For the State : Mr. Jay Prakash Pandey, Advocate : Mr. Prabir Kr. Chatterjee, Spl.P.P ------ ------ Order No.05 Dated- 14/07/2023 Heard the parties. Apprehending his arrest in connection with Godda (M) P.S. Case No.281 of 2019 instituted under Section 414/353/34 of the Indian Penal Code as well as under Section 3/4 (a)(b)/12 of Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 and Section 11 (1) (d) (e) of the Prevention of Cruelty to Animals Act, 1960 and Rule 47 (a) (b) (c), 48/49 (a) (b) (c), 50 and 54 of Transport of Animal Rules, 1978, the petitioner has moved this Court for grant of privileges of anticipatory bail. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner was involved in purchasing and selling and illegally transporting bovine animals. It is submitted that the allegation against the petitioner is false.

Drawing attention of this Court towards para-10 of the instant anticipatory bail application, learned counsel for the petitioner submits that the petitioner has no criminal antecedent. It is also submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to furnish sufficient security including cash security. It is further submitted that the co- accused, with similar allegations, has already been given the privileges of anticipatory bail by this Court vide order dated 21.09.2020 passed in A.B.A. No.4263 of 2020. Hence, it is submitted that on the principle of parity, the petitioner be also given the privileges of anticipatory bail. Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner.

Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Godda within six weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on depositing Rs.10,000/-(Rupees ten thousand) as cash security and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Godda in connection with Godda (M) P.S. Case No.281 of 2019 with the condition that he will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Animesh/ (Anil Kumar Choudhary, J.)