Jamal Uddin and Anr v. The State of Assam

ORDER Date : 09.04.2024

Heard Mr. A.W. Aman, learned counsel for the petitioners. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State. Page No.# 2/3 This is an application filed under Section 439 Cr.P.C., seeking bail by the petitioners, namely, Jamal Uddin and Saiful Islam, in connection with Gossaigaon P.S. Case No. 45/2024, registered under Section 379/411/34 IPC r/w Section 13(1)/14 of Assam Cattle Preservation Act. The learned counsel for the petitioners submits that the allegation against the petitioners that they guided one vehicle bearing Regd. No. AS-26-AC-0184 from which some cattle were recovered. It is also submitted that the driver and the handyman of the said vehicle had fled away from the place of incident. There was no direct evidence against the petitioners to the transportation of the cattle. It is further submitted that nothing has been recovered from the possession of the present petitioners. The petitioners have been languishing in jail hazot since

08.03.2024. 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. Goswami, learned Additional Public Prosecutor for the State has vehemently opposed in granting bail to the petitioners. He further submits that case diary has been received from which it appears that the petitioners are the master mind for trafficking such cattle from one place to another. Therefore, he has prayed that at this stage, bail may not be considered to the petitioners. 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 petitioners. They were not travelling in the said vehicle from which the cattle were recovered. The petitioners were in another vehicle bearing Regd. No. AS-01-FM-6628. Page No.# 3/3 Considering the background of the case 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 Gossaigaon P.S. Case No. 45/2024, registered under Section 379/411/34 IPC r/w Section 13(1)/14 of Assam Cattle Preservation Act, on furnishing bail bond of Rs.40,000/- each with a suitable surety each of the like amount to the satisfaction of learned SDJM, Gossaigaon, Kokrajhar, Assam. The direction for bail is further subject to the conditions that the accused-petitioners:

(a) shall not leave the territorial jurisdiction of learned SDJM, Gossaigaon, Kokrajhar, 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 GAHC010066722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : BA/844/2024 JAMAL UDDIN AND ANR. S/O LT. RUSTOM ALI R/O VILL- GEHUA CHALCHALI P.S. RUPAHI DIST. NAGAON ASSAM 2: SAIFUL ISLAM S/O LT. MUSLIMUDDIN R/O VILL- KOCHAGAON P.S. RUPAHI DIST.NAGAON ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP ASSAM ------------ Advocate for : MR. SURAJIT DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI