Arjan Ali v. The State of Assam

ORDER Date : 05 .04. 2024 Heard Mr. MA Mondal, learned counsel for the petitioner and Mr. BB Gogoi, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 439 Cr.P.C., filed by the petitioner namely, Arjan Ali, praying for bail, who was arrested on 28.02.2024 in Page No.# 2/3 connection with Bilasipara P.S. Case No. 43/2024 (Corresponding to GR Case No.79/2024) under Section 13(1) of the Assam Cattle Preservation Act, 2021. Heard both sides. It is submitted by the learned counsel for the petitioner that the accused was arrested on 28.02.2024 and since then he has been in judicial custody for last 38 days. The petitioner is in no way involved with the allege offence. The learned counsel for the petitioner submits that as per the FIR, the allegation against the petitioner is that he was found indulging in selling of beef illegally without any valid document, which is not true but the actual fact of the case is that the petitioner was found carrying beef for his personal consumption. The learned Additional Public Prosecutor has submitted that the charge sheet has not yet been submitted and the accused/ petitioner may be enlarged on bail considering the period of detention. In view of the above, considering the materials available on the record including the length of detention I find that further custodial interrogation of the accused/petitioner may not be required. Accordingly, I find it to be a fit case to enlarge the petitioner on bail. It is directed that the accused/ petitioner be released on bail on furnishing a bond of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the learned SDJM (M), Bilasipara in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not hamper with the investigation of the case and tamper in the evidence of the case; and

(b) shall not, directly or indirectly, make any inducement, threat or Page No.# 3/3 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. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010070262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./994/2024 ARJAN ALI S/O NAUSAD ALI R/O VILL- JHELTURCHAR PART-I, P.O. KAJAIKATA P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN-783348 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M A MONDAL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI