Raju Nahak v. The State of Assam

ORDER Date : 02.04.2024

Heard Mr. S.Dewri, learned counsel for the accused petitioner as well as Mr. B.Sharma, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Raju Nahak has prayed for grant of bail in connection with Basistha P.S. Case No.98/2024 u/s 379 of the IPC r/w Section 13 (1)/16 of the Assam Cattle Preservation (Amendment) Act r/w Section 11 (1) (d) of Prevention of Cruelty to Animal Act. Page No.# 2/2 Case diary is placed before the court. The case relates to recovery and seizure of 11 Nos.of live cattle from the possession of the driver of the vehicle. It is noticed that the accused petitioner is in judicial custody for 46 days since 17.02.2024. Having heard the learned counsel for the parties and on perusal of case diary, it appears that 11 Nos.of live cattle were recovered from the driver of the vehicle. However, considering the length of detention of the accused petitioner in judicial custody, this Court is of the considered opinion that further detention of the accused petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the accused petitioner named above shall be released on bail of Rs. 20,000/- ( Twenty Thousand) with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M) subject to the following conditions- :

(i) That the accused petitioner shall cooperate with the Investigating Officer as and when required;

(ii) That the accused petitioners 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; and

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

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010042642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./624/2024 RAJU NAHAK S/O- DEEPAK NAHAK, VILL- SALANA URIABASTI, P.S. SAMAGURI, DISTRICT- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR A DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI