Alamin Hoque and Anr v. The State of Assam

ORDER Date : 08-01-2024

¶1Heard Mr. S. Borthakur, learned counsel for the petitioners Alamin Hoque Page No.# 2/3 and Mofizul Islam.

¶2The petitioners have filed this under Section 439 of the Code of Criminal Procedure with prayer for bail as they are in jail since 12.12.2023 in connection with Basistha Police Station Case No. 784/2023 under Section 379 IPC read with Section 1(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021.

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

¶4It is submitted on behalf of the petitioners that the petitioner No. 2 is the driver of the vehicle while the petitioner No. 1 was accompanying him in the vehicle.

¶5The FIR unfolds that the vehicle bearing registration No. AS-27-C-6572 loaded with 30 (thirty) cattle was involved in illegal and inter-state smuggling of cattle.

¶6I have considered the submissions at the bar that investigation may have presumably progressed to a considerable extent. On the day of interception itself, the petitioners were apprehended along with the truck and the cattle which were seized in connection with this case.

¶7The petitioners are behind bars for 27 (twenty seven) days.

¶8I have also considered the submission that further custodial detention for the progress of the investigation may not be required.

¶9The petitioners are local residents and they are willing to cooperate with the investigation as well as with the trial.

¶10Considering all aspects, petition is allowed.

¶11The petitioners are enlarged on bail on furnishing a bail bond of Page No.# 3/3 Rs.30,000/-(Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(M) under the condition: That the petitioners shall refrain from such activities with which they are alleged, failing which bail order shall stand cancelled.

¶12Bail Application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010000472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./47/2024 ALAMIN HOQUE AND ANR S/O- LT. YUNUSH ALI, R/O- BAGHBOR PATHAR, P.S. BAGHBOR, DIST.- BARPETA, ASSAM 2: MOFIZUL ISLAM S/O- NOOR ISLAM SEIKH R/O- KOKRAJHAR GOSSAINGAON P.S. GOSSAINGAON DIST.- KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND