Dildar Hussain v. The State of Assam

ORDER

22.01.2024

¶1Heard Ms. A. Medhi, learned counsel appearing for the petitioner. Also heard Mr. G. P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

¶2This petition under Section 438 Cr.P.C., is filed for the privilege of pre-arrest bail to the petitioner, namely, Dildar Hussain apprehending his arrest in connection with Page No.# 2/3 Basistha P.S. Case No. 788/2023 registered u/s 379 of the IPC read with Section 11(1)(d) of Prevention of Cruelty to Animal Act, read with Section 13(1)/16 of Assam Cattle Preservation Act, 2021.

¶3The Case diary, as called for, is placed before the Court.

¶4It is submitted at the bar that the petitioner is the owner of the vehicle and he was not aware that cattle were transported through his INTRA vehicle bearing registration No.as-02-dc-1528.

¶5I have also considered the submission that the petitioner is a local resident and he will abide by any bail condition if imposed upon him.

¶6Perusal of case diary reveals that investigation has progressed to a considerable extent. Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶7Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 30,000/- with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 10 days; failing which on and from the 11th day, the pre-arrest bail order shall automatically come to end.

(ii) That the petitioner shall refrain from committing any similar offence in future of which he is accused or suspected of commission.

(iii) That the petitioner shall not leave the jurisdiction of the Court without prior permission from the jurisdictional court.

¶8Breach of any of the above conditions shall render cancellation of the pre-arrest bail.

¶9Return the case diary. Page No.# 3/3

¶10This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010001952024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/37/2024 DILDAR HUSSAIN S/O ABDUL KADIR R/O VILL- JIEWMARI, TELIACHAPARI DIST. NAGAON, ASSAM PIN-782125 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. A. MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND