Saiful Islam and Anr v. The State of Assam

ORDER

13.08.2024

Heard Mr. M. Alam, learned counsel for the petitioners and Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam. By filing this petition under Section 439 Cr.P.C., the accused-petitioners, namely, Page No.# 2/3 Saiful Islam and Mohasin Ahmed @ Talukdar, have prayed for grant of bail in connection with Tezpur P.S. Case No.356/2024 under Sections 395/411 of IPC read with Section 11 of the Prevention of Cruelty to Animal Act, 1960 and read with Section 13(1) the Assam Cattle Preservation Act, 2021. It is submitted by the learned counsel for the petitioners that the accused petitioners have been languishing in judicial custody for last 53 days since their arrest on 21.06.2024. The names of the petitioners are not mentioned in the FIR and they were arrested only on suspicion. The allegation against them is that they were the receivers of the stolen buffalos. Considering the length of detention, prayer for bail may be considered. Mr. D. P. Goswami, learned Additional Public Prosecutor has made no objection in granting bail to the petitioners. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioners is not necessary in the interest of investigation of the case. Accordingly, the petitioners, named above, shall be released on bail, on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Tezpur. The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Tezpur 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 GAHC010161632024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2390/2024 SAIFUL ISLAM AND ANR S/O ABDUL SUBHAN RESIDENT OF VILLAGE ADAKHUNDA, PS JURIA, DIST NAGAON ASSAM, 782001 2: MOHASIN AHMED ALIAS TALUKDAR S/O NUR MOHAMMAD TALUKDAR RESIDENT OF NIZ JURIA PS RUPAHI 78200 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI