Mijan Ali and Anr v. The State of Assam

ORDER 06-09-2024 Heard Mr. T. Chutia, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/3

¶2The petitioners, namely, (1) Mijan Ali and (2) Md. Manjil Ahmed apprehending their arrest in Sonapur P.S. Case No. 152/2024 registered under Sections 303(2)/317(2) BNS, 2023, read with Section 13(1)/14 of the Assam Cattle Preservation Act, 2021, read with Section 11(1)(a)(b)(d) of the Prevention of Cruelty to Animal Act, 1960 has filed this pre-arrest bail application under Section 438 CrPC, seeking pre-arrest bail.

¶3On receipt of specific information, Sonapur police on early morning of 19.07.2024 at around 3:43 am recovered 30 numbers of Cattle from a Truck bearing Registration No.AS-18AC-5376 transporting those cattle, which are suspected to be stolen cattle. Accordingly, Sonapur G. D. Entry No. 04 dated 19.07.2024, was registered, which was subsequently registered as Sonapur P.S. Case No.152/2024.

¶4Perused the case diary relating to said Sonapur P.S. Case No. 152/2024, placed before the Court today by Mr. B. Sarma, learned Addl. P.P., Assam.

¶5From the case diary relating to said Sonapur P.S. Case No. 152/2024, it is seen that the petitioner No.2, Manjil Ahmed is the driver of the intercepted Truck bearing Registration No. AS-18AC-5376, who was earlier granted interim pre-arrest bail by order dated 12.08.2024 in said Sonapur P.S. Case No. 152/2024. On his such interim bail, the Investigating Officer of said Sonpur P.S. Case has already recorded his statement.

¶6Further, from the case diary, it is seen that the petitioner No.1, namely, Mijan Ali sought zimma of those 30 numbers of seized cattle showing money receipts of the purchased memo of altogether 31 numbers of cattle of different cattle markets in the District of Nagaon.

¶7Considering the same, the zimma of those 30 numbers of seized cattle have already been released to the petitioner No.1, namely, Mijan Ali, who purchased those cattle and thereafter, the statement of the petitioner No.1 was also been recorded by the concerned Investigating Officer of said Sonapur P.S. Case.

¶8Considering the above and the materials in the case diary, the Court is of the view that custodial detention of the petitioners are not warranted to investigate the said Sonapur P.S. Case No. 152/2024. As such, this pre-arrest bail application of the petitioners is accepted.

¶9The petitioner No.2, namely, Md. Manjil Ahmed is already on interim bail in said Sonapur P.S. Case No. 152/2024 granted to him earlier on 12.08.2024 and the same is Page No.# 3/3 hereby made absolute in the similar terms and conditions as specified in the said order dated

12.08.2024.

¶10Further, it is provided that, in the event of arrest of the petitioner No.1 namely, Mijan Ali in said Sonapur P.S. Case No. 152/2024, he shall be released on bail on furnishing bail bond of Rs.10,000/-, with one local surety of the like amount to the satisfaction of the arresting authority on conditions that the petitioner (i) shall appear before the Investigating Officer of said Sonapur P.S. Case No. 152/2024, as and when he is required for necessary investigation of said Sonapur PS Case; (ii) shall not leave the territorial jurisdiction of the Sonapur police station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case and (iv) 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 them from disclosing such facts to the Court or to any police officer.

¶11Any violation of the aforesaid terms and conditions by the petitioners, named above, the pre-arrest bail granted to them in said Sonapur P.S. Case No. 152/2024 shall stand automatically vacated.

¶12This pre-arrest bail application accordingly stands disposed of.

¶13Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010159042024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2094/2024 MIJAN ALI AND ANR. R/O NANGALDHOWA GORAJAAN , PS RUPOHI DIST. NAGAON, ASSAM 2: MANJIL AHMED R/O VILL- GARUMARA DOLONI P.S. MARIGAON DIST. MARIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK