High CourtsSingle Bench(2024) 05 JH CK 0064

Taushif Quraishi vs State Of Jharkhand

Jharkhand High Court · Decided on 17 May 2024

HON’BLE JUDGES
Ambuj Nath, J
CASE NUMBER
Bail Application No. 2730 Of 2024

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Judgment

6 paragraphs · 390 words

Ambuj Nath, J

Heard the parties.

Petitioner has been made accused in connection with Dhurwa (T) P.S. Case No. 179 of 2022, for the offences registered under sections 353, 302, 34 of the Indian Penal Code, Sections 11(a)(b)(d)(e) of the Prevention of Cruelty to Animal Act, 1955, Section 4(b) of the Bihar Prevention and Improvement of Animal Act, 1955 and Section 12 of the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005, pending in the court of learned C. J. M., Ranchi.

In the intervening night of 19-20.07.2022, Dhurwa police received confidential information that a pick van bearing registration No. JH01EJ-7501 after breaking the barriers of Basiya, Kamdara and Torpa P.S. was proceeding towards Tupudana. The said vehicle was intercepted near Tupudana O.P., the driver of the vehicle ran over one of the police officer namely Sandhya Topno due to which she succumbed to her injury. Later on, the vehicle turned turtle, driver Nezar Khan was apprehended while owner of the vehicle Sajid who was present in the vehicle managed to flee away. Several injured bovine animals were recovered from the vehicle.

It appears that during the course of investigation, driver confessed his guilt and spelt out the name of petitioner that the animals in question were to be transported to this petitioner and his brother-in-law namely Md. Mahmood Quraishi @ Md. Mahmud Alam @ Mahmood Alam. It further appears that Md. Mahmood Quraishi @ Md. Mahmud Alam @ Mahmood Alam was granted bail by Co-ordinate Bench of this Court on the ground that apart from confession there was no other material against the petitioner and also the fact that in West Bengal there is no corresponding law regarding the bovine slaughter as is in Jharkhand.

Mr. Satish Prasad, learned A.P.P. has opposed the prayer for bail. Considering the fact that apart from confession there was no other material against the petitioner and this case stands on similar footing to the accused who have been granted bail by Co-ordinate Bench of this Court, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, 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 C. J. M., Ranchi in connection with Dhurwa (T) P.S. Case No. 179 of 2022.