Aziyal Hoque @ Azial and Anr v. The State of Assam

ORDER 27-06-2023 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. M. Islam, learned counsel for the petitioners and Mr. D. Das, learned Additional Public Prosecutor, Assam for the Page No.# 2/3 State. By this application under Section 439 CrPC, the petitioners, namely, 1) Aziyal Hoque @ Azial and 2) Hashdur Rahman are seeking bail in Sukchar P.S. Case No. 84/2023 registered under Sections 120(B)/406/379 IPC with added Section 420 IPC read with Section 13(1) of the Assam Cattle Preservation Act, 2021 corresponding to G.R. No. 293/2023, wherein they were arrested on 05.06.2023 and since then, they are 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 Goshalas 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. From the FIR itself, Mr. Choudhury, learned Senior Counsel placed before the Court that one Hafizur Rahman is the owner of the concerned Go-Shalas, who is evading arrest and the petitioners who were taken into custody, are the father and brother of said Hafizur Rahman. Mr. Das, learned Additional Public Prosecutor, also admitted the said fact. Perused the case diary placed before the Court today by Mr. Das, learned Additional Public Prosecutor, Assam. Considering the materials available in the case diary and the period of detention of the petitioners in custody since 05.06.2023, the Court is of the view that further custodial detention of the petitioners are not warranted to investigate said Sukchar P.S. Case No. 84/2023. As such, this bail application of the petitioners, named above, is accepted. Page No.# 3/3 Accordingly, the petitioner, namely, 1) Aziyal Hoque @ Azial and 2) Hashdur Rahman, 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 read with Section 13(1) of the Assam Cattle Preservation Act, 2021, on furnishing a bail bond of Rs.1,00,000/- each with 2

(two) local sureties each, 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 they are required for necessary investigation of the case; (ii) not indulge in any kind of offences 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 petitioners, named above, the bail granted to them 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 GAHC010142862023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2286/2023 AZIYAL HOQUE @ AZIAL AND ANR S/O- LATE MOHAJAL HOQUE, R/O- VILL- CHAR KHALISHAMARI, P.O. AND P.S. SUKCHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783135 2: HASHDUR RAHMAN S/O- AZIYAL HOQUE @ AZIAL R/O- VILL- CHAR KHALISHAMARI P.O. AND P.S. SUKCHAR DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 78313 VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR. M ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK