Md Mustafa Ahmed and Anr v. The State of Assam

ORDER Date : 13.09.2024

Heard Mr. T. Chutia, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State. Page No.# 2/3

¶2By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Md. Mustafa Ahmed and Md. Raisuddin, have prayed for bail in connection with Sonapur P.S. Case No. 157/2024 under Section 3(5)/303(2)/317(2) of BNS, 2023 r/w Section 11(1)(a)(b)(d) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/14 of Assam Cattle Preservation Act, 2021.

¶3The learned counsel for the petitioners submits that the petitioner No. 1 is the driver of the vehicle bearing Regd. No. AS-01-QC-8755 from which 34 numbers of cattle had recovered. The petitioner No. 2 is the handyman of the said vehicle. It is also submitted that the petitioners have been detained in custody for last 46 days since their arrest on 28.07.2024. Considering the period of detention as well as the background of the case, the petitioners may be enlarged on bail.

¶4On the other hand, Mr. Sarma, learned Additional Public Prosecutor for the State submits that the petitioner No. 1 is the habitual offender and some other cases also pending against him. However, considering the length of detention, bail may be considered to the petitioners with some stringent condition(s).

¶5I have considered the submissions made by the parties. I have also perused the averments made in the petition.

¶6It appears that the petitioners are the driver and handyman of the said vehicle from which the suspected cattle were recovered. Considering the fact as well as the length of detention of the petitioners, this Court is of the view that further custodial interrogation of the accused-petitioners is not necessary for the purpose of investigation of the case. Page No.# 3/3

¶7Accordingly, the accused-petitioners, named above, shall be released on bail in connection with Sonapur P.S. Case No. 157/2024 under Section 3(5)/303(2)/317(2) of BNS, 2023 r/w Section 11(1)(a)(b)(d) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1)/14 of Assam Cattle Preservation Act, 2021, on furnishing bail bond of Rs.20,000/- each with a suitable surety each of the like amount to the satisfaction of learned CJM, Kamrup(M), Guwahati, Assam.

¶8The direction for bail is further subject to the conditions that the accused-petitioners:

(a) shall not leave the territorial jurisdiction of learned CJM, Kamrup(M), Assam, without prior written permission from him/her;

(b) 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.

(c) shall not commit such offence as alleged in the FIR in future.

¶9Violation or breach of any condition(s) shall render cancellation of bail.

¶10In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010180082024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2750/2024 MD MUSTAFA AHMED AND ANR S/O LATE ABDUL RAHIM, R/O VILL- KURANIBORI, P.S.-MAYONG, DIST- MORIGAON, ASSAM 2: MD. RAISUDDIN S/O LATE NUR ISLAM R/O VILL- RUPOHI SINGIMARI P.S.-RUPOHI DIST- NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI