Shariful Islam v. The State of Assam

ORDER Date : 25.09.2024

Heard Mr. S.M. Abdullah P, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, 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 petitioner namely, Shariful Islam, has prayed for bail in connection with Rapahihat P.S. Case No. 234/2024 under Section 61(2)(a)/303(2)/317(2)/112(2) of BNS, 2023 r/w Section 11(1) of Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1) Assam Cattle Preservation Act, 2021.

¶3The learned counsel for the petitioner submits that the petitioner has been detained in custody for last 36 days since his arrest on 22.08.2024. As per FIR, only three cattle were recovered from the possession of the petitioner. Considering the period of detention as well as the background of the case, the petitioner may be enlarged on bail.

¶4On the other hand, Mr. Goswami, learned Additional Public Prosecutor for the State submits that considering the length of detention, bail may be considered to the petitioner 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 only three cattle were recovered from the possession of the petitioner. Considering the fact as well as the length of detention of the petitioner, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary for the purpose of investigation of the case.

¶7Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Rapahihat P.S. Case No. 234/2024 under Section 61(2)(a)/303(2)/317(2)/112(2) of BNS, 2023 r/w Section 11(1) of Page No.# 3/3 Prevention of Cruelty to Animal Act, 1960 and r/w Section 13(1) Assam Cattle Preservation Act, 2021, on furnishing bail bond of Rs.30,000/- with a suitable surety of the like amount to the satisfaction of learned SDJM, Kaliabor, Nagaon, Assam.

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

(a) shall not leave the territorial jurisdiction of learned SDJM, Kaliabor, Nagaon, 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 GAHC010200322024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2931/2024 SHARIFUL ISLAM S/O ATABUR RAHMAN, R/O UTTAR PUTAKALONG, MAJULI, P.S.- RUPAHIHAT, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI