Sadek Ali @ Md. Sadek Ali v. The State of Assam

ORDER Date : 10.06.2024

Heard Mr. A.A.R. Karim, learned counsel for the petitioner. 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 petitioner, namely, Sri Sadek Ali @ Md. Sadek Ali, in connection with Gossaigaon P.S. Case No. 67/2024 (corresponding to GR No. Page No.# 2/3 73/2024), registered under Section 379/411/34 IPC r/w 13(1)/14 of Assam Cattle Preservation Act, 2021. It is submitted by the learned counsel for the petitioner that the petitioner is no way connected with the alleged offence. It is also submitted that when the vehicle was intercepted along with cattle, the petitioner came to the spot. The allegation in the FIR is that the petitioner helped the co-accused to flee away from the place of incident. It is further submitted that the petitioner has been detained in custody for last 45 days since his arrest on

26.04.2024. Considering the background of the case as well as the length of detention, petitioner may be enlarged on bail. Mr. Sarma, learned Additional Public Prosecutor for the State has submitted that after perusal of the case diary, the prayer of the petitioner may be considered. I have considered the submission of learned counsel for the parties. Considering the fact as well as the length of detention of the petitioner, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary for the purpose of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail in connection with Gossaigaon P.S. Case No. 67/2024 (corresponding to GR No. 73/2024), registered under Section 379/411/34 IPC r/w 13(1)/14 of Assam Cattle Preservation Act, 2021, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned SDJM(M), Gossaigaon, Kokrajhar, Assam. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned SDJM(M), Gossaigaon, Kokrajhar, Assam without prior written permission from him/her;

(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;

(c)shall not hamper with the investigation, or tamper with the evidence of the case. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010114342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1662/2024 SADEK ALI @ MD. SADEK ALI S/O AMJAD ALI R/O VILL- BALAPARA PART- I,P.S. GOSSAIGAON, DIST- KOKRAJHAR BTR, ASSAM, PIN-783360 VERSUS THE STATE OF ASSAM TO BE REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI