Mokbul Hussain and Anr v. The State of Assam

ORDER Date : 20-03-2024 Heard Mr. A. Baruah, learned counsel for the accused/petitioners. Also Page No.# 2/3 heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State/respondent.

¶2This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioners, namely, (i) Mokbul Hussain and (ii) Abdul Motin, in connection with Basistha P.S. Case No. 91/2024, registered under Sections 120B/379 of IPC r/w Section 11(1) of the Prevention of Cruelty to Animal Act, 1960 and read with Section 13(1)/16 of Assam Cattle Preservation Act.

¶3It has been submitted by the learned counsel for the accused/petitioners that the names of accused/petitioners have not been mentioned in the FIR and they were no way connected with the alleged offence. On the basis of the statement of one Zilani, who was arrested in connection with this case, the present two accused/petitioners have been detained in custody for last 1 (one) month. Considering the period of detention as well as the background of the case, the accused/petitioner may be enlarged on bail.

¶4Learned Additional Public Prosecutor also has submitted that considering the length of detention, bail may be granted to the accused/petitioners.

¶5I have considered the submissions of the learned counsel for the parties.

¶6Considering the nature of offence as well as length of detention of the accused/petitioners, this Court is of the view that further custodial interrogation of the accused/petitioners is not necessary. Hence, the prayer for bail is allowed.

¶7Accordingly, the accused/petitioners, named above, shall be released on bail in connection with Basistha P.S. Case No. 91/2024, registered under Sections 120B/379 of IPC r/w Section 11(1) of the Prevention of Cruelty to Animal Act, 1960 and read with Section 13(1)/16 of Assam Page No.# 3/3 Cattle Preservation Act., on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount, to the satisfaction of learned CJM, Kamrup (M), Assam.

¶8The 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), 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 him from disclosing such facts to the Court or to any police officer.

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010052532024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./743/2024 MOKBUL HUSSAIN AND ANR. S/O LATE ISMAIL ALI R/O VILL- MAGURMARI, P.S. RUPAHI DIST. NAGAON, ASSAM 2: ABDUL MOTIN S/O ABDUL SELAM R/O VILL- KUHUMTULI P.S. SAMAGURI DIST. NAGAON ASSA 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