Ajgar Ali @ Gaonbura v. The State of Assam

ORDER Date : 06-02-2024 Heard Mr. A. M. Khan, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. Apprehending arrest in connection with Basistha P.S. Case No. 842/2023, under Section 379 of the IPC, read with Section 11(1)(d) of Prevention of Cruelty to Animal Page No.# 2/3 Act, 1960, read with Sections 13(1)/16 of Assam Cattle Preservation Act, 2021, this application under Section 438 Cr.P.C. has been preferred by the applicant, namely, Ajgar Ali @ Gaonbura for grant of pre-arrest bail. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Bipul Ch. Deka, ASI of Jorabat Out Post on 28.12.2023. The essence of allegation made in the FIR dated 28.12.2023, is that on 27.12.2023, at about 4:30 a.m. while he was attending night patrolling duty, he intercepted one container vehicle bearing Registration No. NL-01K7143, illegally carrying cattle from Guwahati side to Byrnihat, Meghalaya, and having searched the vehicle, he found 26 numbers of live cattle and seized the same in presence of witnesses, and that the driver of the vehicle could not show any valid document in respect of the cattle being carried in the said vehicle. Mr. Khan, learned counsel for the applicant submits that this Court was pleased to grant interim protection to the applicant, vide order dated 12.1.2024 and pursuant to the said order, the applicant had appeared before the I.O. and he has been cooperating with the investigating agency, and therefore, it is contended to make the interim order dated 12.1.2024 absolute in the same terms and conditions. On the other hand, Mr. B. Sarma, learned Addl. P.P. has produced the case diary before this Court and submits that the applicant had appeared before the I.O and he has been cooperating with the investigating agency. In view of the materials collected so far in the case diary, Mr. Sarma, learned Addl. P.P. further submits that custodial interrogation of the applicant may not be required, in the interest of investigation. Having heard the submission of learned Advocates of both sides, I have gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Sarma, learned Addl. P.P. In view of the materials collected so far in the case diary and also in view of the submission of learned Advocates of both sides, and further in view of the cooperation Page No.# 3/3 being extended by the applicant to the investigating agency, his custodial interrogation seems to be not warranted herein this case and therefore, this Court is inclined to make the interim order dated 12.1.2024, absolute in the same terms and conditions. Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010006772024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/99/2024 AJGAR ALI @ GAONBURA S/O LATE JAYNAL ABEDIN VILL- OWANA P.O.KUMERGAON P.S. RUPAHI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN