Butul Hussain and Anr v. The State of Assam

ORDER

12.01.2024 Heard Mr M Ahmed, learned counsel for the petitioners, 1) Butul Hussain and 2) Page No.# 2/3 Saiful Haque.

¶2The petitioners have filed this application under Section 439 CrPC, with prayer for bail, as they are behind bars since 20.12.2023, in connection with Basistha PS Case No. 810/2023, registered under Section 379 IPC, read with Section 11 (1) (d) of the Prevention of Cruelty to Animal Act, 1960 and Section 13 (1)/16 of the Assam Cattle Preservation Act, 2021.

¶3Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the petitioners that they are languishing in jail since

20.12.2023. They were not aware that the cattle was being smuggled through the vehicle. The petitioner No. 1 is the driver and the petitioner No. 2 is the handyman of the vehicle bearing Registration No. AS-27C-6569. The vehicle is a truck and was carrying 23 cattle. It cannot be speculated that the cattle were being transported in a cruel manner.

¶5The learned Additional Public Prosecutor has raised objection against the bail petition.

¶6I have considered the submission that the petitioners have been behind bars since

20.12.2023.

¶7The cattle and the vehicle have already been seized in connection with this case.

¶8Investigation may have presumably progressed to a considerable extent, by now. Page No.# 3/3

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

¶10I have considered the submissions at the Bar with circumspection.

¶11I have also considered the length of detention of the petitioners.

¶12Considering all aspects, the petitioners are enlarged on bail of Rs. 30,000/-each with a suitable surety each of the like amount to the satisfaction of the CJM, Kamrup (Metro) under the conditions that:-

i) the petitioners shall refrain from such activities with which they are alleged, and

ii) the petitioners shall cooperate with the investigation as well as the trial. On breach of any bail conditions, bail order shall stand cancelled.

¶13Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010004862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./140/2024 BUTUL HUSSAIN AND ANR S/O LATE MAHIBUL HUSSAIN R/O VILL- DA-GAON KAKAJAN, P.S. TEOK DIST. JORHAT, ASSAM 2: SAIFUL HAQUE S/O LATE MANIR UDDIN R//O VILL- TIYAMARI P.S. GAURIPUR DIST. DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND