Abdul Kadir Zilani v. The State of Assam

ORDER Date : 22.03.2024

Heard Mr. B. Das, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State. This is an application filed under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Abdul Kadir Zilani, in connection with Basistha P.S. Case No. 91/2024, registered under Section 120B/379 IPC r/w Section Page No.# 2/3 11(1) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/16 of Assam Cattle Preservation Act. The learned counsel for the petitioner submits that as per FIR, the allegation against the present petitioner is that he escorted a vehicle from which some cattle were recovered which was suspected to be stolen cattle. It is further submitted that the accused has been no way connected with the alleged offence as stated in the FIR. Nothing has been recovered from the possession of the present petitioner. It is also submitted that the petitioner has been in police custody for ten days and thereafter, he was forwarded to the judicial custody so that the police has got sufficient time to interrogate the present petitioner. The petitioner has been languishing in jail hazot for the last 38 days. Considering the period of detention as well as the background of the case, the petitioner may be enlarged on bail. On the other hand, Mr. Kaushik, learned Additional Public Prosecutor for the State has vehemently opposed in granting bail to the petitioner. He further submits that case diary has been received from which it appears that the petitioner is the master mind for trafficking such cattle from one State to another State. Therefore, he has prayed that at this stage, bail may not be considered to the petitioner. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. It appears that no any cattle was recovered from the possession of the present petitioner. He was not travelling in the said vehicle from which the cattle were recovered. The petitioner was in another vehicle bearing Regd. No. AS-01-FV-2068. Considering the background of the case as well as the length of detention Page No.# 3/3 of the petitioner, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary for the purpose of investigation of the case. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Basistha P.S. Case No. 91/2024, registered under Section 120B/379 IPC r/w Section 11(1) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/16 of Assam Cattle Preservation Act, on furnishing bail bond of Rs.30,000/- with a suitable surety 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-petitioner:

(a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M), Guwahati, 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 GAHC010050222024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./697/2024 ABDUL KADIR ZILANI SON OF LATE AHMED ALI, RESIDENT OF VILLAGE - KHERAJ DAWBHANGI, P.S. GAURIPUR, PIN - 783331, DISTRICT - DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR BHARGAV DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI