Sajarul Hoque v. The State of Assam

ORDER Date : 05-02-2024 Heard Mr. B. Islam, learned counsel for the petitioner Sajarul Hoque.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail as he is behind bars since 10.01.2024 in connection with Basistha Police Station Case No. 01/2024 under Section 379 of the Indian Penal Code read with Section 11/(1)(d) Page No.# 2/3 of the Prevention of Cruelty to Animals Act, 1960 read with Section 13(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021.

¶3Heard Ms. A. Begum, learned Additional Public Prosecutor for the respondent State. The learned Additional Public Prosecutor has raised objection stating that the case diary is necessary to consider the bail petition.

¶4It is submitted on behalf of the petitioner that the co-accused have already been enlarged on bail. On the same date, allegedly smuggled cattle and the vehicle have been seized in connection with this case. It is submitted that the petitioner is neither the driver nor the owner of the vehicle or cattle. He is the co-villager of the accused, he was arrested on suspicion. It is also submitted that the cattle have already been given in zimma to the owner.

¶5I have considered the submissions at the bar with circumspection. I have considered the submissions that the petitioner is willing to abide by any bail conditions to be imposed upon him. The petitioner is a local resident and he is not a flight risk. I have considered the length of detention. It appears that further custodial detention may not be required.

¶6Considering all aspects, petition is allowed.

¶7The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) to the satisfaction of the jurisdictional Court under the conditions that:

i) The petitioner shall refrain from such activities with which he is alleged.

ii) The petitioner shall not jump the bail.

iii) The petitioner shall cooperate with the trial as well as with the investigation. Page No.# 3/3

¶8On breach of any bail conditions, bail order shall stand cancelled.

In the above terms this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010019282024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./308/2024 SAJARUL HOQUE S/O- AYUB ALI, VILL.- PATUAKATA, P.S. MIKIRBHETA, DIST. MORIGAON (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MD B ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND