Sahidul Islam v. The State of Assam

ORDER Date : 19.09.2024 Heard Mr.M.Ahmed, learned Counsel for the petitioner and Mr. P.Borthakur, learned Addl. Public Prosecutor, Assam for the State respondent. This application under section 482 of the Bharatiya Nagarik Surakshya Sanhita, 2023 has been filed by the petitioner, namely Sahidul Islam praying Page No.# 2/3 for pre-arrest bail apprehending arrest in connection Dhubri PS Case No. 277/2024 under Section 11 (1) (d) of Prevention of Cruelty to Animal Act R/W Section 13 (1) of Assam Cattle Preservation Act. The case diary is placed before the court. It is submitted by learned counsel for the petitioner that the petitioner is the registered owner of the vehicle bearing Registration No. AS-17P-5242 from which two nos. of cattle were recovered. One Registration Certificate of the vehicle has been annexed in support of the fact which reveals that the petitioner is the registered owner of the vehicle and as such, the benefit of pre-arrest bail be extended to the petitioner. The learned Addl.P.P. has produced the case diary and submits that as per the case diary, the petitioner is the registered owner of the vhicle. I have perused the case diary and heard learned counsel for the parties. . In the backdrop of facts as emerged from the case diary, this Court finds it not expedient for custodial interrogation of the petitioner. In view of above, the prayer for anticipatory bail is hereby granted. It is provided that in the event of arrest of the petitioner, named above, he shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/-( Thirty Thousand ) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 10 days from today failing which, on the 11th day, the anticipatory bail order shall automatically expire;; Page No.# 3/3

(ii) That the petitioner 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/her from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010183842024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2379/2024 SAHIDUL ISLAM S/O HASEN ALI R/O WARD NO. 11, BAHADURTARI, P.O. AND P.S. DHUBRI, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTORS, ASSAM Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI