Ahadul Islam v. The State of Assam

ORDER Date : 15-03-2024

¶1Heard Mr. T. Chutia, learned counsel for the petitioner.

¶2The petitioner, namely, Ahadul Islam has filed this application u/s 438 Cr.PC with prayer of pre-arrest bail as he is apprehending arrest in connection with Page No.# 2/2 Khetri P.S. Case No. 219/2023 registered u/s 379/411/34 of the IPC R/W Section 11(a)(d)(e) of Prevention of Cruelty to Animal Act, 1960, R/w Section 13(1)/16 of Assam Cattle Preservation Act, 2021.

¶3Heard Mr. K. Baishya, learned Addl. PP, Assam.

¶4It is submitted on behalf of the petitioner that he is the owner of the cattle and at the time of apprehension he could not produce the receipts. The petitioner has already furnished the receipts before the IO.

¶5The learned Addl. PP has submitted that the petitioner has appeared before the IO and his statement has been recorded.

¶6The petitioner has pledged to co-operate with the remaining part of the investigation. The Case Diary reveals that investigation has progressed to a considerable extent and it appears that custodial interrogation may not be necessary for the progress of investigation.

¶7Considering all aspects, the interim order dated 19.01.2024 is hereby made absolute under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; and ii. the petitioner shall appear before the I.O. after every 15 days till completion of the investigation. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010005832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/103/2024 AHADUL ISLAM S/O BACHIR UDDIN R/O VILL- BHOGAMUR PART- P.S. KHATOWAL DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND