Aminul Ali v. The State of Assam

ORDER

22.04.2024 Heard Mr G U Ahmed, learned counsel for the petitioner, Aminul Ali.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for bail, apprehending his arrest in connection with Biswanath Chariali PS Case No. 38/2023, under Sections 420/379/411/34 IPC, read with Section 13 of the Assam Cattle Page No.# 2/3 Preservation Act, read with Section 11 of the Protection of Cruelty of Animal Act.

¶3Heard Mr K Baishya, learned Additional Public Prosecutor for the State of Assam.

¶4Case Diary has been received.

¶5Learned Additional Public Prosecutor has raised objection stating that this is a case of cattle smuggling.

¶6The allegation against the petitioner is that his vehicle bearing Registration No. AS-01-GC-7994 was carrying 24 heads of cattle.

¶7I have considered the submission that the vehicle is a truck and the owner was not aware of the huge number of cattle being carried in his truck. The owner was not aware that some miscreants were smuggling cattle through his truck.

¶8It is submitted that the petitioner is the owner of the truck which was carrying 24 heads of cattle.

¶9I have also considered the submission that the petitioner is willing to cooperate with the investigation.

¶10Considering all aspects, the petition with prayer for anticipatory bail is allowed. In the event of his arrest, the petitioner shall be enlarged on bail of Rs. 30,000/-with a suitable surety of the like amount to the satisfaction of the arresting authority, under the conditions that:-

i) the petitioner shall refrain from such activities with which he is alleged, and

ii) the petitioner shall cooperate with the investigation. On breach of any of the aforesaid bail conditions, bail order shall stand cancelled. Page No.# 3/3

¶12Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010068202024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/901/2024 AMINUL ALI S/O KABIL UDDIN SHEIKH, R/O VILL NO. 94 DUMURIA PT-III, P.O. AND P.S.- ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783384 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR G U AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND