Hamidur Rahman and 2 Ors v. The State of Assam

ORDER

22.04.2024 Heard Mr. A.Z. Ahmed, learned counsel for the applicants and also heard Ms. N. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application under Section 438 Cr.P.C. is preferred by three applicants, namely, Hamidur Rahman, Hasan Ali @ Kankata and Rofique Sk, who have been apprehending arrest in connection with Sukchar P.S. Case No.239/2023 under Section 379/411/353/34 IPC, read with Section 13(1)/16 of the Assam Cattle Preservation Act, 2021, 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 one Moidul Islam, on 05.10.2023. The essence of allegations made in the aforesaid FIR is that on 05.10.2023, at about 5:00 p.m., they have found Hamidul Rahman, Hasan Ali @ Kankota and Rafique, at Bau Bazar, near Brahmaputra river, under Sukchar P.S., preparing to transport cattle to Bangladesh and when they tried to apprehend them, they fled away along with the cattle and also the accused have obstructed them in discharging their duty and asaulted him with dao and lathi over his hand and head and caused injuries to him and thereafter, they managed to flee away.

¶4Mr. Ahmed, learned counsel for the applicants submits that this is the 2nd pre-arrest bail application preferred by the applicants and the earlier one being AB No.3984/2023, was dismissed by this Court after perusing the case diary on 23.01.2024, on the ground that they have not been cooperating with the investigating agency. Further, Mr. Ahmed submits that on earlier occasion the purchase receipt of the seized buffaloes could not be Page No.# 3/4 produced before this Court and also before the I.O. and that the applicants are ready to cooperate with the investigating agency and they have already appeared before the I.O. and their statements are also recorded and therefore, Mr. Ahmed contended to allow this petition.

¶5On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that material part of the investigation is almost over. However, Ms. Das has pointed out that on earlier occasion the petition was dismissed on the ground of non-cooperation of the applicants with the investigating agency.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Additional P.P.

¶7It is not in dispute that the applicants have appeared before the I.O. and their statements have also been recorded. Further, it appears from the case diary that material part of the investigation is almost over and as such, their custodial interrogation, in the interest of investigation seems to be not warranted here in this case and therefore, this Court is inclined to allow this petition.

¶8It is provided that in the event of arrest of the applicants, namely, Hamidur Rahman, Hasan Ali @ Kankata and Rofique Sk, in connection with Sukchar P.S. Case No.239/2023 under Section 379/411/353/34 IPC, read with Section 13(1)/16 of the Assam Cattle Preservation Act, 2021, they shall be enlarged on pre-arrest bail on their executing a bond of ` 50,000/-each, with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:-

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

(ii) The applicants shall not, directly or indirectly, make any inducement, threat or Page No.# 4/4 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 applicants shall not leave the jurisdiction of the learned C.J.M., South Salmara, Mankachar, without prior permission.

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

¶10Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

PageoNo.#o1/4 GAHC010068502024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/913/2024o HAMIDURoRAHMANoANDo2oORS.o S/OoSHAHJAHANoSK,oVILL-oKHOPATIA,oP.S.-SUKCHAR,oDIST-SOUTHo SALMARAoMANKACHAR,oASSAM,oPIN-783128 2:oHASANoALIo@oKANKATA oS/OoSHAHAJAHANoSK oVILL-oMOLAKHOWA oP.S.-SUKCHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-783128 3:oRofiqueoSk oP.Oo-oBOW-BAZAR oP.So-oSUKCHAR oDISTo-oSOUTHoSALMARAo-oMANKACHAR oASSAM 3:oROFIQUEoSK oS/OoHUDEoSK oVILL-oBOWoBAZAR oP.S.-SUKCHAR oDIST-SOUTHoSALMARAoMANKACHAR oASSAM oPIN-78312o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oLoRoMAZUMDERo Page No.# 2/4 Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN