Bibi Jerina v. The State of Assam

ORDER

15.02.2024 Heard Mr A Alam, learned counsel appearing on behalf of Mr B Islam, learned counsel for the petitioner, Bibi Jerina.

¶2This application under Section 438 of the Code of Criminal Procedure, 1973 has Page No.# 2/3 been filed by the petitioner, namely, Bibi Jerina, who is apprehending her arrest in connection with Pragjyotispur P.S. Case No. 175/2024 under Sections 379/411 of the Indian Penal Code read with Section 13(1) of the Assam Cattle Preservation (Amendment) Act, 2021 read with Section 11(a)(b)(d) of the Prevention of Cruelty to Animals Act, 1960.

¶3The gist of the accusation in this case is that on 23.12.2023, one Sanjib Das had lodged an FIR before the Officer-in-Charge of Pragjyotispur Police Station, inter alia, alleging that on receipt of an information through reliable sources, a naka checking was conducted at Chandrapur Thana Bazar and during the naka checking, a vehicle bearing Registration No. AS-01-LC-2612 was intercepted and during search of the said vehicle, it was found that it was carrying 21 head of cattle. The driver of the said vehicle failed to show any documents regarding the said cattle.

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

¶4I have considered the submissions at the Bar.

¶5Case Diary is received.

¶6I have scrutinized the Case Diary.

¶7It is submitted that the petitioner is the owner of the vehicle. She has the relevant documents in her possession. The petitioner has appeared before the IO and has cooperated with the investigation. Page No.# 3/3

¶8I have considered the submission that the petitioner has not violated any bail condition. The petitioner is a local resident and she has already cooperated with the investigation.

¶9Considering all aspects and in view of my foregoing discussions, the interim order dated 22.01.2024 is hereby made absolute, under the condition that-

i) the petitioner shall refrain from such activities with which she is alleged, failing which, bail order shall stand cancelled.

¶10Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010017172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/161/2024 BIBI JERINA W/O KAPILUDDIN AHMED R/O VILL- JALUGOTI P.S. MIKIRBHETA DIST. MORIGAON ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MD B ISLAM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND