Jehirul Islam v. The State of Assam

ORDER

01.03.2024

Heard Mr. D. M. Khan, 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, Jehirul Islam, who is apprehending arrest in Page No.# 2/2 connection with Basistha P.S. Case No. 41/2024(Corresponding to GR No. 366/2024), registered under Sections 120(B)/379 IPC, R/W Section 11 (1)(d) of the Prevention of Cruelty to Animal Act, R/W Section 13(1)/16 of Assam Cattle Preservation Act. It is submitted by the learned counsel for the petitioner that the petitioner is neither the owner nor the driver and handyman of the vehicle. Learned counsel for the petitioner further submits that the name of the petitioner is also not mentioned in the FIR. On the other hand, Mr. Goswami, learned Additional Public Prosecutor for the State has produced the case diary and submits that no incriminating material is available in the case diary against the petitioner. In view of above, bail application stands closed. The pre-arrest bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010028212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/401/2024 JEHIRUL ISLAM S/O MD. AKIBAR ALI R/O BARACHAKABAHA P.O. TAKUNA BORI DIST. MORIGAON, ASSAM PIN-782104 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 HONOURABLE MRS. JUSTICE MALASRI NANDI