Md. Ajijur Rahman Hazarika v. The State of Assam

ORDER Date : 12.03.2024

Heard Mr. A. Nath, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Md. Ajijur Rahman Hazarika, in Page No.# 2/3 connection with Sootea P.S. Case No. 10/2024, registered under Section 379/411/279/427 of IPC r/w Section 13(1) of Assam Cattle Preservation Act, 2021 and r/w Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960. It is submitted by the learned counsel for the petitioner that the petitioner is the registered owner of the seized vehicle bearing Regd. No. AS-01-RC-3503 and the cattle, which were recovered from the said vehicle. In support of his submission, one registration certificate has been produced before this Court. According to the learned counsel for the petitioner that the petitioner has purchased the said cattle from Silapathar Cattle Market, Dhemaji. Considering the nature of the offence, the benefit of pre-arrest bail may be extended to the petitioner. On the other hand, Mr. Gogoi, learned Addl.P.P. has submitted that he has no objection if the prayer of the petitioner is allowed. I have considered the submissions made by the learned counsel for the parties. Considering the facts as well as the averments made in the petition, this Courts finds that custodial interrogation of the petitioner is not required for the purpose of investigation of the case. Therefore, he is granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with Sootea P.S. Case No. 10/2024, registered under Section 379/411/279/427 of IPC r/w Section 13(1) of Assam Cattle Preservation Act, 2021 and r/w Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960, he shall be released on furnishing bail bond of Rs.10,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority. Page No.# 3/3 The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(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 him from disclosing such facts to the Court or to any police officer. The anticipatory bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010050322024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/646/2024 MD. AJIJUR RAHMAN HAZARIKA S/O LATE SAFAR ALI, VILL- POKABANGIPARE, P.S.-SIPAJHAR, DIST- DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A NATH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI