Md. Nurul Islam v. The State of Assam

ORDER

23.07.2024

Heard Mr. T. Chutia, learned counsel appearing for the accused petitioner as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Md. Nurul Islam, has prayed for grant of bail in connection with Sonapur P.S. Case No.133/2024, under Sections 379/411 IPC, R/W Section 11(1)(a)(b)

(d) of Prevention of Cruelty to Animals Act, 1960 and R/W Section Page No.# 2/3 13(1)/14 of Assam Cattle Preservation (Amendment) Act, 2021. It is submitted by the learned counsel for the petitioner that the petitioner is the driver of the vehicle bearing registration No.AS-01QC-9666 from which 20 numbers of cattle were recovered. The driver was arrested as because he has failed to produce any document regarding transportation of such cattle in the vehicle. It is further submitted that the owner of the vehicle and the owner of the cattle have already been enlarged on bail. Considering the background of the case as well as the length of detention, petitioner may be enlarged on bail. On the other hand, Mr. Goswami, learned Additional Public Prosecutor for the State has stated that considering the period of detention, bail may be granted to the petitioner. I have considered the submissions made by the parties. I have also perused the case diary. 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, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup (M), Guwahati. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M), Guwahati without prior written permission from him/her;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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 Page No.# 3/3 such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010141862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2114/2024 MD. NURUL ISLAM S/O LATE ABDUL KASEM, R/O VILL- MARUSUTIPAM, P.S.-MAYONG, DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI