Roisul Hussain v. The State of Assam

ORDER Date : 08-01-2024

¶1Heard Mr. A. Medhi, learned counsel for the petitioner Roisul Hussain.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure with prayer for bail as he is behind bars since 24.12.2023 in connection with Basistha Police Station Case No. 829/2023 under Section 379 IPC read with Sections 13(1)/16 of the Assam Preservation Act, 2021 read with Page No.# 2/2 Sections 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960.

¶3Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

¶4The FIR unfolds that the petitioner is the driver of the vehicle bearing registration No. NL-01 AF 7873 loaded with inter-state smuggled cattle.

¶5It is submitted that the petitioner was apprehended on the same date and he was forwarded to custody. The vehicle along with the cattle has already been seized in connection with this case.

¶6I have considered that submissions at bar that further custodial detention of petitioner, for the progress of the investigation may not be required. I have also considered the submissions that the petitioner is a local resident and he is willing to cooperate with the investigation.

¶7Considering all the aspects, petition is allowed.

¶8The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) under the following condition: That the petitioner shall refrain from such activities with which he is alleged, failing which bail order shall stand cancelled.

¶9Bail Application stands disposed of in the above terms. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010000182024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./41/2024 ROISUL HUSSAIN S/O- SUKUR ALI, R/O- VILLAGE- RAWARPUR, P.O. MURAJHAR, DISTRICT- HOJAI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MS. A. MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND