Md. Mainul Haque v. The State of Assam

ORDER

15.02.2024 Heard Mr D M Khan, learned counsel for the petitioner, Md Mainul Haque.

¶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, registered under Section 379 IPC, read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, read with Sections 13(1)/16 of the Assam Cattle Preservation Act (GR Case No. 171/2024) Page No.# 2/3

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

¶4The learned Additional Public Prosecutor has raised objection stating that the allegation against the petitioner is that he is involved in Inter-State smuggling of cattle.

¶5I have also perused the Case Diary.

¶6Indeed, there are incriminating materials against the petitioner, in the Case Diary.

¶7The petitioner has, however, submitted that he was not aware that the cattle was smuggled through his vehicle.

¶8It is submitted that petitioner being the owner of the vehicle was not privy that the driver and the handyman were using his vehicle for Inter-State illegal cattle smuggling.

¶8I have considered the submission that the petitioner is willing to cooperate with the investigation and abide by any bail conditions, if imposed upon him.

¶9Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail of Rs. 50,000/-, 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,

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

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

¶10Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010018812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/230/2024 MD. MAINUL HAQUE S/O- MEHER ALI, R/O- SATGAON, AMBARI, P.S. SATGAON, DIST.- KAMRUP (M), ASSAM, PIN- 781027 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. D M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND