Mirajul Islam v. The State of Assam

ORDER Date : 03.05.2024

Heard Mr. S.Nawaz, learned counsel for the petitioner and Mr. R.R.Kaushik learned Addl. Public Prosecutor, Assam appearing for the State respondent. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Mirajul Islam, in connection with Khetri P.S. Case No. 25/2024, Page No.# 2/2 registered under Section 379/411/34 IPC, R/W Section 11(i)(a)(d)(e) of the Prevention of Cruelty to Animal Act, 1960 and Section 13(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 03.04.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner. Mr. R.R.Kaushik, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioner from the I.O. Therefore, the interim pre-arrest bail granted vide order, dated 03.04.2024 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required;

(ii) That the petitioner 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) That the petitioner shall not hamper or tamper with the investigation in any manner. Return the case diary. This disposes of the anticipatory bail application. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010066452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/855/2024 MIRAJUL ISLAM S/O SULTAN ALI A RESIDENT OF THE VILL- NANAL DOWA, POLICE STATION- NAGAON SADAR, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI