Abdul Jalil v. The State of Assam

ORDER

11.07.2024 Heard Ms. G. Borah, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State respondent. The present application has been instituted by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has prayed for pre-arrest bail to the petitioner in connection with Page No.# 2/2 Tezpur P.S. Case No. 356/2024, under Sections 395/411 of IPC read with Section 11 of the Prevention of Cruelty to Animal Act, 1960 and read Section 13(1) Assam Cattle Preservation Act, 2021. I have heard the learned counsel for the parties and also perused the materials brought on record. On a consideration of the matter, the petitioner is found to be the purchaser of the 19 buffalos in issue in the FIR so filed in the matter. It is the contention of the petitioner that on coming to learn about institution of the said police case, he on his own returned the buffalos to the concerned authority of the Tezpur Police station. Considering the above contention of the petitioner, this Court is of the considered view that the petitioner is entitled to be extended with the benefit of pre-arrest bail in the matter. Accordingly, this Court is hereby provides that in the event of arrest of the petitioner in connection with the above noted case, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 15,000/-(Rupees Fifteen Thousand) with a surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:-

(1) That the petitioner shall appear before the Investigating Officer of the case within a period of 7 (seven) days from today,

(2) 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 her from disclosing such facts to the Court or to any police officer, and

(3) That the petitioner shall make herself available for interrogation by the investigating officer as and when required, With the above observation and direction, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010137452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1775/2024 ABDUL JALIL S/O SUBED ALI, R/O GEHUA CHALCHALI, P.O.- JURIA, PIN- 782124, SUB DIST.- RUPAHI, DIST.- NAGAON (ASSAM). VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM. Advocate for the Petitioner : MS. G BORAH Advocate for the Respondent : PP, ASSAM :: BEFORE :: HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR