Abdur Rohim Akond @ Kalababu v. The State of Assam

ORDER

26-06-2023 Heard Mr. H.R.A.Choudhury, learned Senior counsel assisted by Mr. A. Ahmed, learned counsel for the petitioner and Mr. D.Das, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/3 By this application filed under Section 439 Cr.P.C., the petitioner, namely, Abdur Rohim Akond @ Kalababu, is seeking bail in connection with Sukchar Police Station Case No. 84/2023 registered under Sections 120(B)/406/379 IPC with added Section 420 IPC and Section 13(1) of the Assam Cattle Preservation Act, 2021, corresponding to G.R. Case No. 293/2023 in which he was arrested on

05.06.2023 and since then he is in custody. The brief facts of the case is that the Sub-Inspector of Police of P.S.I. South Salmara, Mankachar, submitted a report that the cattle given into custody of the concerned Go-shalas and Pounds were found missing during the regular inspection done by him and on the basis of his said report, the then Chief Judicial Magistrate, South Salmara, Mankachar, conducted an additional inspection and during such inspection, total 1038 Nos. of cattle were found missing from 8 Nos. of Go-shalas and Pounds in the district of South Salmara, Mankachar, Hatsingimari. On the basis of the said report and as per the instruction of the Superintendent of Police, South Salmara, Mankachar, a police case was registered on 04.03.2023 including the information about the missing of the cattle from 6 Nos. of Go-shalas and Pounds and accordingly, Sukchar P.S. Case No. 84/2023, corresponding to G.R. Case No. 293/2023 was registered. Perused the case diary placed before the Court today by Mr. Das, learned Additional Public Prosecutor, Assam. The petitioner herein is one of the owners of the Pound on whom such recovered cattle were entrusted and on the basis of the investigation, sufficient ingredients were found against him. As such, the petitioner was arrested on 05.06.2023 and since then he is in custody. Mr. Das, learned Additional Public Prosecutor, Assam submits that from those 8 Nos. of Go-shalas and Pounds, total 1038 Nos. of cattle were found missing and that in 2 Nos. of Go-shalas and Pounds, the cattle were found intact whereas in 6 Nos. of Go-shalas and Pounds, the Investigating officer of the case could not find the cattle kept with them. In the case in hand, 401 Nos. of cattle were kept with the petitioner's Pound, out of which, 383 Nos. of cattle died as per the statement of the petitioner and only 18 Nos. of cattle were recovered. Mr. Das, learned Additional Public Prosecutor, Assam submits that there was no such proper report regarding the death of the cattle as well as no post-mortem reports of the cattle were found which were alleged to have been death while entrusted with the petitioner. Page No.# 3/3 Considering the materials available in the case diary and the period of detention of the petitioner in custody since 05.06.2023, the Court is of the view that that further custodial detention of the petitioner is not warranted to investigate said Sukchar P.S. Case No. 84/2023. As such, this bail application of the petitioner, named above, is accepted. Accordingly, the petitioner, namely, Abdur Rohim Akond @ Kalababu, be released on bail in said Sukchar P.S. Case No. 84/2023 registered under Sections 120(B)/406/379 IPC with added Section 420 IPC and Section 13(1) of the Assam Cattle Preservation Act, 2021 on furnishing a bail bond of Rs.1,00,000/- with 2 (two) local sureties of the like amount, one of which has to be a Government Employee (Central and/or State of Assam), to the satisfaction of the learned Chief Judicial Magistrate, South Salmara, Hatsingimari, Mankachar on conditions that the petitioner shall- (i) appear before the concerned Investigating Officer of said Sukchar P.S. Case No. 84/2023 on every Monday during the 1st half of the office hours between 10:00 am to 02:00 pm in the week commencing from 10.07.2023 for the next 8 (eight) weeks and thereafter, as and when he is required for necessary investigation of the case; (ii) not indulge in any offence or criminal activities while remaining on bail; (iii) not leave the territorial jurisdiction of said Sukchar Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iv) not hamper with the investigation, or tamper with the evidence of the case and (v) not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her/him from disclosing such facts to the Court or to any police officer. Any violation of any of the aforesaid terms and conditions by the petitioner, named above, the bail granted to him in said Sukchar P.S. Case No. 84/2023 shall stand automatically vacated. This bail application of the petitioner stands allowed to the extent above. Return the case diary

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010129302023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2077/2023 ABDUR ROHIM AKOND @ KALABABU S/O ABDUR REJJAK AKOND VILL- BHUTIADANGA P.O. AND P.S. SUKCHAR DIST. SOUTH SALMARA - MANKACHAR ASSAM PIN-783128 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP ASSAM ------------ Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK