Abul Hasim and Anr v. The State of Assam

PageoNo.#o1/4 GAHC010249632024 ooooooo 2024:GAU-AS:12433 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3105/2024o ABULoHASIMoANDoANRo S/OoLATEoABDULoALIo VILL-NO.o1oBHATIAKHALIo P.S.oAMBAGANo DIST.oNAGAON,oASSAM 2:oAJIBURoRAHMAN oS/OoABDURoRAHIMo VILL-oGERUAoGAON o P.S.oKHATOWALo DIST.oNAGAON oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oNoUDDIN,oMS.oAoAKHTAR,MRoSoKoCHHETRY,MR.oMo ISLAMo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

09/12/2024 Heard Mr. N Uddin, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

¶2The petitioners, namely, (i) Abul Hasim, son of Late Abdul Ali, resident of Village-No. 1 Bhatiakhali, P.S. Ambagan, District-Nagaon and (ii) Ajibur Rahman, son of Abdur Rahim, resident of Village-Gerua Gaon, P.S. Khatowal, District-Nagaon, has filed this application under Section 482 of BNSS, 2023, seeking pre-arrest bail apprehending their arrest in Basistha P.S. Case No. 722/2024 registered under Sections 303(2) of BNS, 2023 read with Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960 read with Section 13(1)/16 of Assam Cattle Preservation Act, 2021.

¶3As per the FIR dated 13.10.2024, police personnel from Jorabat Outpost under Basistha Police Station around 9:00 PM intercepted a truck bearing registration No. AS-02-CC-8050 carrying 28 nos. of cattle on it in a cruel manner. After intercepting the said truck, its driver and helper failed to place any valid document pertaining to the ownership of those 28 nos. of cattle. As such, police personnel from Jorabat Outpost came to the conclusion that the driver and the helper of the said seized truck tried to smuggle those 28 nos. of the cattle to Byrnihat, Meghalaya via Jorabat. The 28 nos. of cattle along with the truck bearing registration No. AS-02-CC-8050 were seized and its driver and helper were also apprehended.

¶4Petitioners submitted that they are the owners of those 28 nos. of cattle seized from the said truck on 13.10.2024 specified in the FIR of the case.

¶5It is also submitted by Mr. Uddin, learned counsel for the petitioners that on their approach in Petition No. 4356/2024, the learned Sub-Divisional Judicial Magistrate No. II, Kamrup (Metro), Guwahati by order dated 05.11.2024 allowed zimma of those 28 nos. of cattle seized in connection with Basistha P.S. Case No. 722/2024. It is also stated that the petitioners could not take zimma of those 28 nos. of cattle as they are in the apprehension that if they appear to take zima of those seized cattle, they will be arrested in said Basistha P.S. Case No. 722/2024. Page No.# 3/4

¶6Perused the case diary placed before the Court by Mr. Parashar, learned Additional Public Prosecutor, Assam.

¶7From the perusal of the case diary and the note of the Investigating Officer, it is seen that during investigation of the case, petitioners have been found to be the owners of those 28 nos. of live cattle seized in connection with Basistha P.S. Case No. 722/2024 from the said truck on 13.10.2024.

¶8Considering the materials available in the case diary, the Court is of the view that custodial detention of the petitioners, named above, is not warranted to investigate the said Basistha P.S. Case No. 722/2024. As such, this pre-arrest bail application of the petitioners is accepted.

¶9Accordingly, in the event of arrest of the petitioners, namely, (i) Abul Hasim and (ii) Ajibur Rahman, in said Basistha P.S. Case No. 722/2024 registered under Sections 303(2) of BNS, 2023 read with Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960 read with Section 13(1)/16 of Assam Cattle Preservation Act, 2021, they shall be released on bail on furnishing a bail bond of Rs.35,000/- each, with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioners - (i) shall appear before the concerned Investigating Officer of said Basistha P.S. Case No. 722/2024 on or before 16.12.2024 and thereafter, as and when they are required for necessary investigation of the case; (ii) shall not leave the territorial jurisdiction of said Basistha Police Station, without obtaining prior written permission from the concerned I/O of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.

¶10Violation of any of the aforesaid terms and conditions by either of the petitioners, (i) Abul Hasim and (ii) Ajibur Rahman, pre-arrest bail granted to them in said Basistha P.S. Case No. 722/2024 shall stand automatically vacated.

¶11Accordingly, this pre-arrest bail application stands allowed to the extent above. Page No.# 4/4

¶12Return the case diary.

JUDGE Comparing Assistant