Sahar Ali v. The State of Assam

ORDER Date : 20.08.2024

Heard Mr. M.Rahman, learned counsel for the petitioner. Also heard Mr. D.P.Goswami, learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), praying for grant of pre-arrest bail to the accused/petitioner, namely, Sahar Ali who is apprehending arrest in connection with Basistha P.S. Case No. 490/2024, under Sections 303(2) of the Bharatiya Nayaya Page No.# 2/3 Sanhita, 2023 read with Section 13(1)/16 of Assam Cattle Prevention (Amendment) Act, 2021 read with Section 11(1)(d) of Preservation of Cruelty to Animal Act, 1960. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 23.07.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner. Learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioner from the I.O. Therefore, the interim pre-arrest bail granted vide order, dated 23.07.2024 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required;

(ii) 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 Court or to any police officer; and

(iii) That the petitioner shall not hamper or tamper with the investigation in any manner. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Page No.# 3/3 Comparing Assistant

Page No.# 1/3 GAHC010140572024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1834/2024 SAHAR ALI S/O RUSTAM ALI, R/O VILL- ALGACHAR, P.S.-MANGALDOI, DIST- DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MR M RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI