Saddam Hussain v. The State of Assam

ORDER

30.01.2024 Heard Mr S Nawaz, learned counsel for the petitioner, Saddam Hussain.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Gossaigaon PS Case No. 386/2023, registered under Sections 379/411 IPC, read with Section 13 (1) of the Assam Page No.# 2/3 Cattle Preservation (Amendment) Act, 2021.

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

¶4The allegation against the petitioner is that he being the driver was carrying 34 head of cattle in the vehicle bearing Registration No. NL-01-AG-9280.

¶5It is submitted on behalf of the petitioner that petitioner was not privy to the fact that the cattle, which he was carrying in the vehicle was allegedly smuggled cattle.

¶6I have considered the submission that the petitioner being a local resident is not a flight risk.

¶7The petitioner has pledged to cooperate with the investigation.

¶8Investigation has also progressed to a considerable extent.

¶9Custodial interrogation of the petitioner may not be required.

¶10Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail of Rs. 30,000/-, with a suitable surety of the like amount to the satisfaction of the arresting authority, under the conditions that-

i) the petitioner shall refrain from such activities with which he is alleged,

ii) the petitioner shall not tamper with the evidence, and,

iii) the petitioner shall not jump the bail. On breach of any of the bail conditions, the bail order shall stand cancelled. Page No.# 3/3

¶11Bail Application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010008522024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/148/2024 SADDAM HUSSAIN S/O JOHIRUL ISLAM SK. A RESIDENT OF VILL- SIMULTAPU-I, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND