High CourtsSingle Bench(2020) 09 JH CK 0222

Sunil Yadav vs State Of Jharkhand

Jharkhand High Court · Decided on 29 September 2020

HON’BLE JUDGES
Ananda Sen, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 7008 Of 2020

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Judgment

7 paragraphs · 331 words

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The lawyers have no objection with regard to the proceeding which has been held through video conferencing today at 11.00 a.m.. They have no complain with respect to the audio and video clarity and quality.

Counsel for the petitioner prays for ignoring the defects and to take up this matter on merits. Accordingly, the defects are ignored.

Petitioner is an accused for allegedly committing an offence punishable under Section 414 of the Indian Penal Code, Section 11(a), 11(d) and 11(c) of the Animal Cruelty Act, 1954, Rules 47(a, b, c), 45 (a, b, c) and 50, 50 (a, b, c) of the Animal Transportation (Prevention) Rules, 1978 and Sections 12(1)(2)(3) and 16 of the Jharkhand Bovine Animals (Prohibition of Slaughter) Act, 2005, in connection with Deoghar (Town) Police Station Case No. 132 of 2018 (G.R. No. 353 of 2018), pending in the Court of learned Judicial Magistrate, Deoghar.

Petitioner is the driver of the commercial vehicle through which bovine animals were being transported. Counsel for the petitioner submits that the petitioner is in custody since 22.07.2020.

Considering the period of custody, I am inclined to grant bail to the petitioner. Accordingly, petitioner, namely, Sunil Yadav, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Deoghar in connection with Deoghar (Town) Police Station Case No.132 of 2018 (G.R. No.353 of 2018).

I direct the Jail Authority that before releasing the petitioner from jail, the Jail Authority should get the petitioner tested for COVID-19. If the report is positive, then the District Administration will immediately take steps to isolate the petitioner and get him treated in the COVID Centre by following all the protocols.

This direction is given in the larger public interest and it should not be construed as a condition of bail.