Akramul Hussain v. The State of Assam

ORDER Date : 08.05.2024

Heard Mr. D. Sarmah, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 438 Cr.P.C., seeking Page No.# 2/3 pre-arrest bail by the petitioner, namely, Akramul Hussain, apprehending arrest in connection with Basistha P.S. Case No. 145/2024, registered under Section 379/34 of IPC r/w Section 11(1)(d) Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021. Mr. Sarmah, learned counsel for the petitioner submits that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and his statement has already been recorded after he was granted interim protection. He has not misused the liberty granted to him; rather, he co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Mr. Das, learned Additional Public Prosecutor for the State submits that the petitioner may appear before the investigating officer as and when called for. As the statement of petitioner has already been recorded by the investigating officer and as such, his custodial interrogation may not be required. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that the petitioner has not misused the liberty granted to him while availing interim protection. It is directed to the petitioner to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioner deserves to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide Page No.# 3/3 order dated 03.04.2024, is made absolute on the same terms and conditions, as reflected. The petition stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010068132024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/868/2024 AKRAMUL HUSSAIN S/O DULAL MIYA, R/O GHEHUA CHALCHALI, P.S.-RUPAHI, DIST- NAGAON, ASSAM, PIN-782125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N J DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI