Golap Uddin Sk v. The State of Assam

ORDER

29.08.2023 Heard Mr. S. Islam, learned counsel for the applicant and also heard Ms. A. Begum, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application, under Section 438 Cr.P.C., is preferred by applicant, namely, Golap Page No.# 2/3 Uddin Sk, who has been apprehending arrest in connection with Agomoni P.S. Case No.101/2023, under Sections 379/411 IPC, read with Section 11(i) and 13(i) of the Assam Cattle Preservation Act, 2021 for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Ashok Kumar Singh of Agomoni P.S. on 06.06.2023. The essence of allegation made in the FIR is that on 04.06.2023, they found one vehicle bearing Registration No.AS-17-F-5664 lying by the side of the road at Jhapusabari Part-V and also found one cattle tied with rope in the dicky of the said vehicle and later on the cattle suffered demise.

¶4Mr. Islam, learned counsel for the applicant submits that the applicant has purchased the vehicle by entering into an agreement from one Gopi Basfor and the said vehicle was being run by his driver and without the knowledge of the applicant the driver had carried the vehicle and the applicant is no way connected with the offence alleged in the FIR and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. M.P. Goswami, learned Additional Public Prosecutor has opposed the petition on the ground that the I.O. has collected some materials against the applicant.

¶6Having heard the submission of learned Advocates of both sides, I have gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Goswami, learned Additional P.P.

¶7It appears from the case diary that the I.O. has already seized the vehicle and examined some witnesses and collected some materials against the applicant also.

¶8However, in view of the progress of investigation and also considering the submission of learned Advocates of both the parties, custodial interrogation of the applicant seems to be not warranted here in this case and accordingly, this Court is inclined to allow this petition. It is provided that in the event of arrest of the applicant, namely, Golap Uddin Sk, in connection with Agomoni P.S. Case No.101/2023, under Page No.# 3/3 Sections 379/411 IPC, read with Section 11(i) and 13(i) of the Assam Cattle Preservation Act, 2021, he shall be enlarged on pre-arrest bail on his executing a bail bond of ` 50,000/-with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:-

(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) The applicant 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 Court or to any police officer; and

(iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Dhubri, without prior permission.

¶9In terms of above, this anticipatory bail application stands disposed of.

¶10Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010162852023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2613/2023 GOLAP UDDIN SK S/O KESMAT ALI BEPARI R/O VILL- LALKURA PART-I P.S. GAURIPUR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN