Ruksana Ahmed v. The State of Assam

ORDER Date : 08.04.2024

Heard Mr. M. Ahmed, learned counsel for the applicant and R.J. Baruah, learned Additional Public Prosecutor for the State respondent.

¶2This application, under Section 438 Cr.P.C. is preferred by the applicant namely, Ruksana Ahmed, who has been apprehending arrest in connection with Page No.# 2/3 Basistha P.S. Case No. 52/2024, under Sections 379/34 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, 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 Ritupon Kalita, S.I. of Police, Basistha P.S. on

22.01.2024. The essence of allegation made in the aforesaid FIR is that on that day, at about 10:00 p.m. while he was attending patrolling duty, he had intercepted two vehicles, one bearing Registration No. AS-17-B6857 (Truck), carrying 30 nos. of live cattle illegally without any document from Nagaon side towards Byrnihat, Meghalaya and apprehended the driver of the vehicle, namely, Noor Islam and helper Noor Hussain and the other intercepted vehicle, white colored Fronx Vehicle, bearing Registration No.AS-01FT-6306 and apprehended the driver of the said vehicle, namely, Muksidul Islam and his associates, namely, Saidul Islam and Ashique Iqbal, who were escorting the Truck where the cattle were being carried.

¶4Mr. Ahmed, learned counsel for the applicant submits that the applicant had been granted the privilege of interim pre-arrest bail, vide order dated

29.02.2024, and pursuant to the said order, she had also appeared before the I.O. and she has been cooperating with the investigating agency, and therefore, a contention is being made that the interim order dated 29.02.2024, may be made absolute in the same terms and conditions.

¶5On the other hand, Mr. R.J. Baruah, the learned Addl. Public Prosecutor has produced the case diary before this Court and confirmed appearance of the applicant before the I.O. concerned. Further, Mr. Baruah submits that the applicant has been cooperating with the investigating agency and that her custodial interrogation is not required for the interest of investigation. Page No.# 3/3

¶6Having heard the submission of learned Advocates of both sides, I have gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Baruah, learned Addl. Public Prosecutor.

¶7It appears that vide order dated 29.02.2024, this Court was pleased to extend interim protection to the applicant and thereafter, she had appeared before the I.O. and has been cooperating with the investigating agency. Further, in view of the cooperation being extended by the applicant and in view of the progress of investigation, her custodial interrogation, in the interest of investigation, seems not to be warranted here in this case.

¶8Accordingly, the interim order dated 29.02.2024, is hereby made absolute in the same terms and conditions.

¶9In terms of above, this application stands disposed of.

¶10Case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010039002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/510/2024 RUKSANA AHMED W/O NURUL ISLAM R/O VILL- GERUA GAON, P.O. GERUAATI BAZAR, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN