Safikul Ali v. The State of Assam

ORDER

12.10.2023 Heard Mr D M Khan, learned counsel for the applicant. Also heard Mr P Borthakur, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Khetri PS Case No. 124/2023, under Sections 379/411/34 of IPC, read with Section 11 of the Prevention of Cruelty to Animal Act, read with Section 7/13 of the Assam Cattle Preservation Act, this application under Page No.# 2/3 Section 438 of the Code of Criminal Procedure, 1973, is preferred by the applicant, Safikul Ali, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Sri Rajani Hazarika of Khetri Police Station, on

25.07.2023. The essence of allegation made in the FIR is that while attending patrolling duty on 25.07.2023, at about 12:45 am, the informant along with his staff apprehended one Truck bearing Registration No. AS-02-BC-1657, and on checking the same, they have found 36 numbers of cattle being carried illegally without any document and apprehended one Jehirul Islam, Abu Bakkar Ali, and Kamrul Islam.

¶4Mr Khan, learned counsel for the applicant submits that the applicant was granted the privilege of interim bail by this Court, vide order dated 01.09.2023, and pursuant to the said order, the applicant has appeared before the IO on 01.09.2023 and his statement has been recorded and he has been cooperating with the Investigating Agency and therefore, Mr Khan contended to make the interim order, dated 01.09.2023, absolute in the same terms and conditions.

¶5On the other hand, Mr P Borthakur, learned Additional Public Prosecutor has produced the case diary before this court and submits that the applicant has appeared before the IO and that the investigation has progressed substantially and the case is pending for arrest of one co-accused.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the Case Diary with the assistance of Mr Borthakur, learned Additional Public Prosecutor.

¶7It appears that the applicant was granted the privilege of interim pre-arrest bail vide order dated 01.09.2023 and pursuant to the said order, he has appeared before the IO and he has been extending cooperation with the Investigating Agency. Further, it Page No.# 3/3 appears from the Case Diary that the investigation has progressed substantially.

¶8In view of above, custodial interrogation of the applicant seems to be not warranted here in this case and, therefore, the interim order dated 01.09.2023, is hereby made absolute in the same terms and condition.

¶9In terms of above this AB stands disposed of.

¶10The case diary be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010185562023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2926/2023 SAFIKUL ALI S/O KERAMOT ALI, VILL.- BHOGAMUR, P.S.- SAMAGURI, P.O.- KAWAIMARI, DIST.- NAGAON, ASSAM, PIN- 782124. VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM. Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN