Md. Afzal vs State Of Jharkhand

Learned counsel for the petitioner has submitted that though there are defects i.e. defect nos.5(e), 9(i) to (iii) in the bail application as pointed out by

the stamp reporter but he has filed an undertaking that he shall remove the defect(s) after the lockdown period is over and the bail application may be

heard as it is a regular bail in which petitioner is in custody since 13.04.2020. Considering the same, this Court is inclined to hear the bail application on

merit but with condition that petitioner shall remove the defects within 30 days after the lockdown period is over.

Joint Registrar (Judicial) is directed to ensure the compliance of this order after the lockdown period is over so as to remove the defects. Heard,

learned counsel for the petitioner, Mr. J.N. Upadhyay and learned counsel for the State, Mr. Prabir Chatterjee.

Learned counsel for the petitioner has prayed for grant of regular bail in connection with Jugsalai P.S. Case No.43 of 2020, for the offence registered

under Sections 290/428/429/34 IPC and under Section 5/6/7/12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005. Learned counsel

for the petitioner has submitted that on the basis of secret information, police came to the house of Md. Tina @ Khalid and found one Bovine Animal

killed. Police has further submitted that this petitioner has fled away and police identify both the accused persons but petitioner has no criminal

antecedent, as such, identification by police is doubtful. Learned counsel for the petitioner has further submitted that under Sections 290/428/429/34

IPC and under Sections 5/6/7/12/13 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, and Section 11 of the Prevention of Cruelty to

Animal Act, cognizance has already been taken on 11.06.2020 and petitioner is in custody since 13.04.2020, as such, he may be enlarged on bail.

Learned counsel for the State has opposed the prayer for bail and has submitted that it is a cruelty against the bovine animal and killed animal was also

found in the house of Md. Tina @ Khalid, as such, petitioner, who is friend of Md. Tina @ Khalid, who fled away, may not be enlarged on regular

bail.

After hearing, learned counsel for the parties and perusing the materials brought on record, since petitioner has fled away from house of Md. Tina @

Khalid, as such, petitioner (Md. Afzal), is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class at Jamshedpur in connection with Jugsalai P.S. Case

No.43 of 2020 on the following conditions:-

(i) One of the bailor shall be deponent of the present petition namely, Md. Nisar, S/o Anwar Khan, R/o H.No. Mahto Para Road, Panchi Mohallah

Islam Nagar, Jugsalai, P.O. & P.S. Jugsalai, Town Jamshedpur, District- East Singhbhum having UID No.5753 5103 1157.

Office is directed to send photo copy of the UID Card bearing No. 5753 5103 1157 of deponent along with this order to the court below so as to verify

the authenticity of the bailor.

(ii) Another bailor shall be close relative of the petitioner.

(iii) Petitioner shall appear before the learned trial court on each and every date till conclusion of the trial, failing which the learned trial court shall

cancel the bail bonds of the petitioner.

(iv) The Jail Authority shall release the petitioner only after his medical check- up.

(v) The Civil Surgeon, Jamshedpur is directed to medically examine the petitioner at the time of his release and if require, petitioner shall be taken for

quarantine, but if no such requirement is there, he shall be released forthwith, if not wanted in any other case.

(vi) Petitioner shall also comply with all the guidelines issued by the Government to meet the challenges of Covid-19, as the country is passing through

Pandemic of Covid-19.