Md. Sahidul Islam v. The State of Assam

ORDER Date : 25 .04. 2024 Heard Mr. T. Chutia, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 439 Cr.P.C., filed by the petitioner, namely Md. Sahidul Islam, praying for bail who was arrested on 18.03.2024 in connection with Khetri P.S. Case No. 38/2024 under Sections 379/ 411/ 34 IPC read with Section 11(1)(a)(d)(e) of the Prevention of Page No.# 2/2 Cruelty to Animal Act read with Sections 13(1)/16 of the Assam Cattle Preservation Act. It is submitted by the learned counsel for the petitioner that the petitioner is the driver of the vehicle bearing registration No. AS-12BC-4758 from which 10 numbers of cattle were recovered. It is further submitted by the learned counsel for the petitioner that owner of the vehicle as well as the cattle owner were enlarged on bail by this Court and the petitioner has been detained in custody for last 38 days since the date of his arrest on 18.03.2024. Considering the period of detention, he may be enlarged on bail. On the other hand, the learned Addl. PP has submitted that considering the period of detention, the petitioner may be released on bail. Considering the length of detention, prayer for bail is allowed. It is directed that the accused/ petitioner shall be released on bail on furnishing a bond of Rs. 20,000/- with one suitable surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused-petitioner:

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

(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. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010081662024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1180/2024 MD. SAHIDUL ISLAM S/O IDRISH ALI, VILL.- BORGURI, P.S.- TEZPUR, DIST.- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI