Imran Hussain v. The State of Assam

ORDER

28.08.2024

¶1Heard learned counsel Mr. Y. Sikdar for the petitioner Imran Hussain.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

10.08.2024 in connection with Sonapur Police Station Case No. 140/2024 under Page No.# 2/3 Sections 303(2)/317(2)/3(5) of the BNSS read with Sections 11(1)(a)(b)(d) of Prevention of Cruelty to Animals Act, 1960 read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted on behalf of the petitioner that he was transporting the cattle which were intercepted while being transported on a vehicle bearing registration No. AS-01-RC-6512. 8 heads of live cattle and 1 dead cattle was found inside the vehicle.

¶5Learned Counsel for the petitioner has submitted the copies of the receipts are marked as Annexures-4, 5, 6 & 7 of the petition. The receipts reflect purchasing the cattle seized in connection with this case.

¶6It is submitted that the petitioner is willing to cooperate with the remaining part of the investigation.

¶7In view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned CJM, Kamrup, (M) under the conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged,

(ii) The petitioner shall co-operate with the remaining part of the investigation, and

(iii) The petitioner shall not jump the bail.

¶8On breach of any of the bail conditions, bail order shall stand automatically Page No.# 3/3 cancelled.

¶9In terms of the above observation, Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010172072024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2550/2024 IMRAN HUSSAIN S/O LATE SOFARUDDIN, R/O VILL- DAMARA PATHAR, P.S.-SONAPUR, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. Y SIKDAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND