Mustafa Ahmed v. The State of Assam

ORDER Date : 09.04.2024

Heard Mr. F. Haque, learned counsel for the applicant. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Basistha P.S. Case No. 842/2023, under Section 379 of the IPC, read with Section 11(i)(d) of the Prevention of Cruelty to Animals Act, read with Sections 13(1)/16 of the Assam Cattle Page No.# 2/3 Preservation Act, this application under Section 438 Cr.P.C. has been preferred by the applicant, namely, Mustafa Ahmed, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by ASI Bipul Ch. Deka of Jorabat Out Post on

28.12.2023. The essence of allegation made in the FIR dated 28.12.2023, is that the informant along with other police staff, at about 4:30 a.m. of the intervening night of 28.12.2023, were attending patrolling duty at Jorabat Tiniali, and intercepted one vehicle, bearing Registration No. NL-01-K-7143 and found 26 numbers of live cattle, being carried in the said vehicle in an atrocious manner and the driver of the vehicle failed to produce any valid documents and accordingly, they arrested the driver, namely, Idrish Ali.

¶4Mr. Haque, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR, and the only material available against him is that the driver of the vehicle, bearing Registration No. NL-01-K-7143 was working with him as driver, and that the applicant is ready to cooperate with the investigating agency, and therefore, it is contended to allow the application.

¶5On the other hand, Mr. R.J. Baruah, the learned Addl. Public Prosecutor has produced the case diary before this Court and fairly submits that the applicant has not been implicated by the witnesses examined by the I.O. and also by the driver.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. R.J. Baruah, learned Addl. Public Prosecutor.

¶7In view of the materials collected so far in the case diary and also in view Page No.# 3/3 of the submission of learned Advocates of both sides, custodial interrogation of the applicant seems not to be warranted here in this case and therefore, this Court is inclined to allow the application.

¶8Accordingly, it is provided that in the event of arrest of the applicant in connection with Basistha P.S. Case No. 842/2023, under Section 379 of the IPC, read with Section 11(i)(d) of the Prevention of Cruelty to Animals Act, read with Sections 13(1)/16 of the Assam Cattle Preservation Act, he shall be released on pre-arrest bail on executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:

(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) The applicant 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; and

(iii) The applicant shall not leave the jurisdiction of the learned CJM, Kamrup(M), Guwahati, without prior permission.

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

¶10Case diary be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010058932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/766/2024 MUSTAFA AHMED S/O MOHI UDDIN, VILL- DEUCHAR CHANG, P.S.-JAKHALABANDHA, DIST- NAGAON (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR F HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN