Md. Habibur Rahman and Anr v. The State of Assam

ORDER

14.06.2024 Heard Mr. T. Chutia, learned counsel for the applicants and also heard Mr. P.S. Page No.# 2/3 Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Khetri P.S. Case No.08/2024, under Section 379/411/34 IPC, read with Section 11(1)(a)(d)(e) of the Prevention of Cruelty to Animals Act, 1960, read with Section 13(1)/16 of the Assam Cattle Preservation (Amendment) Act, 2021, this application under Section 438 Cr.P.C. is preferred by two applicants, namely, Md. Habibur Rahman and Md. Moyeen Ashraf, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Bipin Kalita of Khetri P.S., on 30.01.2024. The essence of allegation made in the aforesaid FIR is that on 29.01.2024, while he was attending patrolling duty under the area of Khetri P.S., at about 9:40 p.m., they have intercepted one Truck, bearing Registration No.NL-01AD-3449 at Nalgejera Elaka and found 35 nos. of cattle being carried in the same in an atrocious manner without any document.

¶4Mr. Chutia, learned counsel for the applicants submits that the applicants were granted the privilege of interim pre-arrest bail by this Court vide order dated 20.02.2024 and pursuant to the said order, both the applicants had appeared before the I.O. and cooperating with the investigating agency and therefore, a contention is being made to make the interim order dated 20.02.2024, absolute, in the same terms and conditions.

¶5On the other hand, Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, submits that he has not received the case diary. But, as per his instruction the I.O. has completed investigation and submitted charge-sheet, being Charge-Sheet No.28/2024, dated 29.03.2024, under Section 11(1)(a)(b)(e) of the Prevention of Cruelty to Animals Act, read with Section 13(1)/16 of the Assam Cattle Preservation Act against Habibur Rahman, another Habibur Rahman and Moin Ashraf.

¶6Since charge-sheet has been submitted after completion of investigation, this Court is inclined to dispose of this application by directing the applicants to appear before the learned Trial Court on or before 27.06.2024 and to apply for regular bail, and in the event of filing such an application, the learned Trial Court shall consider the same in Page No.# 3/3 accordance with law. Till then, interim order passed on 20.02.2024 stands extended.

¶7In terms of above, this anticipatory bail application stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010031942024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/392/2024 MD. HABIBUR RAHMAN AND ANR. S/OLT. ABDUL SELAM R/O VILL- GERAUAATI P.S. RUPAHIHAT DIST.NAGAON, ASSAM 2: MD. MOYEEN ASHRAF S/O MD. HUSSAIN ANSARI R/O VILL- CHAPRA DHARAMPUR YADU P.S. CHAPRA DHARAMPUR YADU DIST. MUZAFFARPUR BIHAR VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN