Md Abdul Karim and Anr v. The State of Assam

ORDER Date : 12-01-2024

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

¶2The petitioners, namely, (1) Md. Abdul Karim and [2] Md. Babul Hussain have filed this application under Section 439 Cr.PC with prayer for bail as they are behind bars since

16.12.2023 in connection with Khetri P.S. Case No. 218/2023 registered u/s 379/411/34 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 (Amendment) Act, 2021.

¶3Heard Mr. R.R. Kaushik, learned Addl. PP, Assam.

¶4I have considered the submissions at the Bar.

¶5It is submitted on behalf of the petitioners that the petitioner No. 1 is the driver of the vehicle and the petitioner No. 2. is the handyman of the vehicle. They were not aware that smuggled cattle were transported through the vehicle bearing registration No. NL-01-AC-2765, a truck.

¶6The learned Addl. P.P. has raised serious objection stating that there are direct allegations in the FIR contending that 29 cattle were smuggled through the vehicle.

¶7I have considered the length of detention. The petitioners are behind bars since

16.12.2023. Investigation has presumably progressed to a considerable extent. The allegedly smuggled cattle were already seized with the vehicle. I have also considered the fact that the petitioners are local residents and they have pledged to co-operate with the investigation.

¶6Considering all aspects, petition is allowed. The petitioners are enlarged on bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the Elaka Magistrate, Kamrup (M) under the conditions that:- [i] The petitioners shall appear before the IO within 10 days from today and co-operate with the investigation; and [ii] the petitioners shall refrain from such activities with which they are alleged. On breach of any of the bail conditions, bail order shall stand cancelled. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010007712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./132/2024 MD ABDUL KARIM AND ANR S/O MD. EYACHIN ALI R/O VILL- RUPAKUCHI P.S. BARPETA DIST. BARPETA, ASSAM 2: MD. BABUL HUSSAIN S/O MD. JAKIR HUSSAIN R/O VILL- GAGOLMARI P.S. BARPETA DIST. BARPETA ASSA 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