Soniki Tariang and Anr v. The State of Assam

ORDER Date : 28.03.2024

Heard Mr. T. Chutia, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State. This is an application made under Section 439 Cr.P.C., seeking bail by Page No.# 2/3 the petitioners, namely, Soniki Tariang and Dawyomeke Pyngrope, in connection with Basistha P.S. Case No. 107/2024, registered under Section 379/34 IPC r/w Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/16 of Assam Cattle Preservation Act, 2021. The learned counsel for the petitioners submits that the petitioners are the driver and handyman of the vehicle bearing Regd. No. AS-27C-6568 from which 30 numbers of cattle were recovered. It is also submitted that the petitioners are no way involved in the alleged offence as stated in the FIR. The petitioners have been detained in custody since 21.02.2024. Considering the period of detention as well as the background of the case, the petitioners may be enlarged on bail. On the other hand, Mr. Gogoi, learned Additional Public Prosecutor for the State has stated that considering the period of detention, the bail may be granted to the petitioners. I have considered the submissions made by the parties. I have also perused the case diary. It appears that the petitioners are the driver and handyman of the said vehicle from which the suspected stolen cattle were recovered. Considering the fact as well as the length of detention of the petitioners, this Court is of the view that further custodial interrogation of the accused-petitioners is not necessary for the purpose of investigation of the case. Accordingly, the accused-petitioners, named above, shall be released on bail in connection with Basistha P.S. Case No. 107/2024, registered under Section 379/34 IPC r/w Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/16 of Assam Cattle Page No.# 3/3 Preservation Act, 2021, on furnishing bail bond of Rs.20,000/- each with a suitable surety each of the like amount to the satisfaction of learned CJM, Kamrup(M), Guwahati, Assam. The direction for bail is further subject to the conditions that the accused-petitioners:

(a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M), Assam, without prior written permission from him/her;

(b) 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 them from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010045962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./630/2024 SONIKI TARIANG AND ANR S/O- EBA TARIANG, VILL- MYNSNGAT, PS. JOWAI, DIST.- WEST JAINTIA HILLS (MEGHALAYA) 2: DAWYOMEKE PYNGROPE S/O- PHANTIN KHONGLANG VILL- UMMULONG P.S. JOWAI DIST.- WEST JAINTIA HILL VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI