Moslim Uddin @ Muslimuddin and 2 Ors v. The State of Assam

PageoNo.#o1/3 GAHC010169342024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2513/2024o MOSLIMoUDDINo@oMUSLIMUDDINoANDo2oORSo S/OoABDUSoSALAM,oR/OoVILL-o30oBIGHA,oP.S.-SOUTHoSALMARA,oDIST-o DHUBRI,oASSAM 2:oSADAGARoALIo@oSODAGARoALI oS/OoROHIMoBAKSHO oR/OoVILL-o30oBIGHA oP.S.-SOUTHoSALMARA oDIST-oDHUBRI oASSAM 3:oAMIRULoISLAMo@oTARAoMIYA oS/OoKHUSHALUDDIN oR/OoVILL-oOLDoCHOWKICHAR oP.S.-SOUTHoSALMARA oDIST-oDHUBRI oASSAo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM AdvocateoforotheoPetitionerooooo:oMRoAoWoAMAN,oSAMIMoRAHMAN,MRoSoAoBARBHUYAN,MSo SURAYAoRAHMAN,MR.oSURAJIToDAS,MRoSARFRAZoNAWAZo AdvocateoforotheoRespondento:oPP,oASSAM,oo ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Page No.# 2/3

22.08.2024

Heard Mr. S. Das, learned counsel appearing for the accused petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 439 Cr.P.C., the accused-petitioners, namely, (1) Moslim Uddin @ Muslimuddin (2) Sadagar Ali @ Sodagar Ali and (3) Amirul Islam @ Tara Miya, have prayed for grant of bail in connection with South Salmara P.S. Case No.138/2024 under Sections 303(2)/317(2) BNS R/W Section 13(i)/16 of 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 31 days since their arrest on 22.07.2024. It is further submitted that the petitioners were apprehended along with three cattle and they were the laboureres employed by one person. 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 30,000/- each with one suitable surety each of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Mankachar. 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, Page No.# 3/3 Mankachar 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 them from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant