Akhrijul Islam v. The State of Assam

ORDER

27.02.2024

Heard Mr. S. M. Abdullah P, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Akhrijul Islam, in connection with Basistha P.S. Case No. 66/2024, registered under Section 120(B)/379 IPC R/W Section 11(1)(d) of Prevention of Cruelty to Animal Act and Page No.# 2/3 R/W Section 13(1)/16 of the Assam Cattle Preservation Act. The Case diary, as called for, is placed before the Court. It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the vehicle bearing registration No. AS-01-FC-3477 and he is no way connected with the alleged offence. He further submitted that the petitioner has appeared before the trial court for zimma of the vehicle and the trial court vide order dated 20.01.2024 had given zimma of the vehicle to the present petitioner. On the other hand, Mr. D. P. Goswami, learned Additional Public Prosecutor for the State has produced the case diary and submitted that the seized vehicle belongs to the petitioner. I have considered the submissions made by the learned counsel for the parties. Considering the submissions made by the learned counsel for the parties and perusing the materials in the case diary, this Court is of the opinion that custodial interrogation of the petitioner may not be necessary in the interest of investigation in the case. Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 10 days from today failing which on and from the 11th day, the pre-arrest bail order shall automatically come to an end Page No.# 3/3

(ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court.

(iii) That the petitioner shall refrain from committing any similar offence in future of which he is accused or suspected of commission. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010026882024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/304/2024 AKHRIJUL ISLAM S/O ABDUL HAMID SHEIKH R/O MATIBAG P.S. GAURIPUR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI