Zakir Hussain v. The State of Assam

ORDER

15.02.2024 Heard Mr T Hussain, learned counsel for the petitioner, Md Zakir 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 Pragjyotispur P.S. Case No. 175/2024 under Sections 379/411 of the Indian Penal Code read with Section 13(1) Page No.# 2/3 of the Assam Cattle Preservation (Amendment) Act, 2021 read with Section 11(a)(b) of the Prevention of Cruelty to Animals Act, 1960.

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

¶4The learned Additional Public Prosecutor has raised objection stating that the petitioner was involved in Inter-State transportation of cattle. There are incriminating materials against the petitioner in the Case Diary.

¶5I have considered the submissions at the Bar.

¶6I have scrutinized the Case Diary.

¶7Indeed, there are incriminating materials in the Case Diary, against the petitioner.

¶8The petitioner has submitted the receipts relating to purchase of 23 head of cattle and those are marked as Annexures-2 to 9 of the petition.

¶9It is submitted that custodial interrogation may not be required, as investigation has progressed to a considerable extent.

¶10The co-accused, i.e., the driver of the vehicle has already been released on bail.

¶11The petitioner is a local resident and he is willing to abide by any bail conditions, if imposed upon him.

¶12Considering 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 Page No.# 3/3 satisfaction of the arresting authority, under the conditions that-

i) the petitioner shall refrain from such activities with which he 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/211/2024 ZAKIR HUSSAIN S/O IDRISH ALI R/O JALUGUTI P.S. MIKIRBHETA DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND