Md. Manjurul v. The State Of West Bengal

15.05.2024 sdas Allowed

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri C.R.M. (A) No. 406 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mekhliganj Police Station Case No. 317 of 2023 dated 23.09.2023 under Sections 379/411 of the Indian Penal Code read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act.

And In Re : Md. Manjurul ..... petitioner Mr. Hillol Saha Podder .....for the petitioner Mr. Abhijit Sarkar Mr. Aniruddha Biswas ....for the State

1. Learned Counsel for the petitioner submits he is the registered owner of the vehicle. He was unaware of the illegal use of the vehicle which was utilized to smuggle cattle. He prays for bail.

2. Learned Counsel for the State opposes the bail prayer.

3. We have considered the materials on record. Stolen cattle have been recovered. Nothing is placed on record to show petitioner has criminal antecedents. Whether he had requisite knowledge with regard to the illegal activity may be assessed during trial. Accordingly, we are inclined to grant anticipatory bail to the petitioner.

4. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that he shall appear before the court below and pray for regular bail within a period of four weeks from date.

5. The application for anticipatory bail is, thus, allowed.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)