Md. Mobarak Ali and 2 Ors v. The State of Assam

ORDER

04.06.2024

Heard Mr. R. Thadani, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioners, namely, (1) Md. Mobarak Ali, (2) Md. Soriful Islam and (3) Md. Sanidul Ali, who were arrested on 27.04.2024 in connection with Khetri P.S. Case No. 60/2024 registered under Sections 379/411/34 of IPC read with Section 11(1)(a)(d)(e) of the Prevention of Cruelty to Animal Act, 1960 read with Section 13(1)/16 of the Assam Cattle Preservation Act, 2021. The case diary is received. Perused the same. From the case diary, it is seen that the petitioners had thoroughly been interrogated by the investigating officer. Considering the material so far collected against the present accused/petitioners, the stage of investigation as well as the period of detention, this Court is of the view that the further custody of the petitioners may not be necessary in this case. Accordingly, it is directed that the petitioners, named above, be released on bail in connection with the case aforementioned, on their furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission Page No.# 3/3 from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 them from disclosing such facts to the Court or to any police office. In terms of the above, this bail application stands disposed of. Return back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010098052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1418/2024 MD. MOBARAK ALI AND 2 ORS. S/O ABDUL AWAL VILL- HALDIA PATHR P.S. KALGACHIA DIST. BARPETA, ASSAM 2: MD. SORIFUL ISLAM S/O AMSHER ALI VILL- KISMAT MOINBARI P.S. KALGACHIA DIST. BARPETA ASSAM 3: MD. SANIDUL ALI S/O MAHIR HUSSAIN VILL- HALDIA PATHAR P.S. KALGACHIA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A HUSSAIN Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY