Md. Nurul Islam and Anr v. The State of Assam

ORDER Date : 24.05.2023 Heard Mr. T Chutia, learned counsel for the petitioners. Also heard Mr. B Sharma, learned Addl. Public Prosecutor for the State/respondent. Page No.# 2/3 This petition under Section 438 Cr.P.C., is filed by 1. Md. Nurul Islam and (2) Meraj Khan praying for granting of the privilege of pre-arrest bail apprehending their arrest in connection with Basistha P.S. Case No. 134/2023 registered u/s 379/429 of the IPC, R/W Section 13(1)/16 of the Assam Cattle Preservation Act, 2021, R/W Section 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960. Case diary is received. It may be mentioned that by order, dated 04.04.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner No.2. Mr. B Sarma, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner No.2 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 No.2 from the I.O. Therefore, the interim pre-arrest bail granted vide order, dated 26.04.2023 to the petitioner No.2, Meraj Khan is hereby made absolute, subject to the following conditions-

(i) That the petitioner No.2 shall co-operate in investigation as and when required;

(ii) That the petitioner No.2 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 No.2 shall not hamper or tamper with the investigation in any manner. So far the pre-arrest bail application of the petitioner No. 1 is concerned, this Court finds that in the backdrop of facts and evidence available in the case diary, his custodial interrogation in the interest of investigation may not be necessary. In view of above, the prayer for anticipatory bail of the petitioner No. 1, Md. Nurul Islam is hereby granted. Accordingly, it is provided that in the event of arrest of the petitioner No.1 , named above shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/-( Thirty Thousand ) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner No.1 shall appear before the Investigating Officer within 7 days, failing which, on the 8th day, the anticipatory bail order shall automatically expire;

(ii) That the petitioner No.1 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/her from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010071912023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1249/2023 MD. NURUL ISLAM AND ANR S/O ABDU SALAM R/O VILL- PUB SINGIMARI P.S. RUPOHI DIST. NAGAON, ASSAM 2: MERAJ KHAN S/O MAHMUD KHAN R/O VILL- NEW COURT ROAD P.S. TINSUKIA DIST. TINSUKI VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR