Abdul Mazid v. The State of Assam

ORDER Date : 14.06.2024

Heard Mr. T.Chutia, learned counsel for the petitioner as well as Mr. R.J.Baruah, learned Addl. P.P., Assam for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Abdul Mazid has prayed for grant of bail in connection with Basistha P.S. Case No.221/2024 under Page No.# 2/3 Section 379 IPC r/w Section 11 (1) (d) of Prevention of Cruelty to Animal Act R/W Section 13

(1)/16 of Assam Cattle Preservation Act. The learned counsel for the petitioner submits that the petitioner is no way connected with the instant case. The name of the petitioner is not shown in the FIR. From the grounds of arrest as per statement of the truck owner, the petitioner is a leading cow smuggler from various parts of Assam to Meghalaya. It is also submitted that the petitioner was earlier arrested in connection with the same type of offence. The learned Addl.P.P. has produced the case diary and submits that as per case diary, the petitioner has misbehaved with police personnel but the alleged offence is not added in this case. Having heard the learned counsel for the parties and on perusal of the case diary, this Court is of the considered opinion that further detention of the petitioner in the interest of investigation is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 20,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M) Guwahati, subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned CJM, Kamrup (M) Guwahati without prior written permission from him/her;

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner 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 Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010109862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1604/2024 ABDUL MAZID S/O LT. MAZU SHEIKH R/O VILL- MOLLAPAR P.S. MANGALDOI DIST. DARRANG, ASSAM 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 MRS. JUSTICE MALASRI NANDI