Amirul Islam v. The State of Assam

ORDER

08.02.2024 Heard Mr D M Khan, learned counsel for the petitioner, Amirul Islam.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Basistha PS Case No. 15/2024 (corresponding to GR Case No. 171/2024), under Section 379 IPC, read with Page No.# 2/3 Section 11 (1) (d) of the Prevention of Cruelty to Animals Act, 1960, read with Section 13 (1)/16 of the Assam Cattle Preservation Act, 2021.

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4The FIR unfolds that on 09.01.2024, at about 04:30 am, the Police staff during patrolling checked the Vehicle bearing Registration No. AS-01-NC-4286, lying in an abandoned condition at Sankar Bhojanalaya towards Meghalaya. The vehicle was loaded with 23 head of cattle.

¶5The learned counsel for the petitioner has submitted that the cattle has been purchased from different markets. The learned counsel for the petitioner has also submitted the receipts of purchasing the cattle.

¶6The learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary, against the petitioner. As soon as the driver saw the Police, the driver fled away abandoning the vehicle, which was later on seized in connection with this case.

¶7I have scrutinized the Case Diary.

¶8Indeed, there are incriminating materials in the Case Diary, against the petitioner.

¶9At present, the receipts relating to the cattle which was transported has been furnished now, but earlier, the driver speculated that the cattle was smuggled cattle, and, thus, he fled the scene.

¶10However, as investigation has progressed to a considerable extent and as the Page No.# 3/3 petitioner is willing to cooperate with the investigation, I am inclined to grant pre-arrest bail to the petitioner.

¶11The petitioner is a local resident and he is not a flight risk. The petitioner has also pledged to abide by any bail conditions, if imposed upon him.

¶12In view of my foregoing discussions, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing bail bond 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 appear before the IO within 10 (ten) days and cooperate with the investigation, and

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

iii) the petitioner shall not jump the bail, and

iv) the petitioner shall cooperate with the trial. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶13Bail Application stands disposed of.

¶14Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010017362024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/210/2024 AMIRUL ISLAM S/O AZIZUL HOQUE R/O VILL- UDHANTULA P.O. PATIACHAPARI P.S. DHING DIST. NAGAON, ASSAM PIN-782123 VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. D M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND