Ashraful Alom v. The State of Assam

ORDER Date : 16.08.2024

Heard Mr. S.Munir, learned counsel for the petitioner and Mr. B.Sharma, learned Addl.P.P. for the State respondent. By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioner, namely, Ashraful Alom has prayed for Page No.# 2/3 grant of bail in connection with Basistha P.S. Case No.549/2024 under Sections 303 (2) of BNS r/w Section 13 (1)/16 of the Assam Cattle Preservation (Amendment) Act r/w Section 11(1) (d) of Prevention of Cruelty to Animal Act The learned counsel for the petitioner submits that petitioner is the driver of the vehicle bearing registration No. AS-01-RC-3692 from which 31 nos. of cattle were recovered. It is true that at the time of detection, the petitioner could not produce any documents regarding ownership or transportation of the cattle in the vehicle. It is further submitted that there is purchase receipts/documents which presumes that those cattle are not stolen property and as such, the petitioner who is in judicial custody for last 19 days may be enlarged on bail. The learned Addl.P.P. submits that case diary is not available today and as such, prays for some time to produce the case diary. Be that as it may, having heard learned counsel for the parties and on perusal of the FIR, Forwarding report and considering the matter in its entirety, further custodial detention of the petitioner who is in custody for last 19 days, in the interest of investigation, is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 20,000/- with a surety of like amount to the satisfaction of the learned CJM, Kamrup (M), Guwahati subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned CJM, Kamrup (M), Guwahati without prior written permission from him/her;

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required; Page No.# 3/3

(iii) 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 Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010156712024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2313/2024 ASHRAFUL ALOM S/O FULAR UDDIN, R/O ALIKASH, P.S.-KHARUPETIA, DIST- DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. D ZAKARIA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI