Abdul Gaffur @ Abdul Gafur v. The State of Assam

ORDER

22.08.2024

Heard Mr. S. Das, learned counsel appearing for the accused petitioner 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-petitioner, namely, Abdul Gaffur @ Abdul Gafur, has 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. Page No.# 2/2 It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 31 days since his arrest on 22.07.2024. It is further submitted that the petitioner along with three other co-accused were apprehended along with three cattle and he was the labourer 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 petitioner. 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-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of 30,000/- with one suitable surety 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 petitioner:

(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, 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

Page No.# 1/2 GAHC010171552024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2523/2024 ABDUL GAFFUR @ ABDUL GAFUR S/O HAZRAT ALI, RESIDENT OF VILLAGE 30 BIGHA, PS SOUTH SALMARA, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MS SURAYA RAHMAN,MR A W AMAN,MR. SURAJIT DAS,MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI