Gulzar Hussain v. The State of Assam

ORDER

25.09.2023

Heard Mr. D.M. Khan, learned counsel for the applicant and Ms. N. Das, learned Additional Public Prosecutor for the State respondent. Page No.# 2/4

¶2Apprehending arrest in connection with Khetri P.S. Case No. 148/2023, under Sections 379/411/34 of the IPC read with Section 11 of the Prevention of Cruelty to Animal Act and read with Sections 7/13 of the Assam Cattle Preservation Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicant namely, Gulzar Hussain for grant of pre-arrest bail.

¶3The said case has been registered on the basis of one F.I.R., lodged by UBC Kamal Bora of Khetri PS, on 24.08.2023. The essence of allegations made in the FIR is that on 24.08.2023, at about 6:15 am, they have intercepted five numbers of vehicle, bearing registration Nos. AS-02-CC-9525; AS-01-QC-5578; AS-02-DC-2026; AS-01-QC-7278; and AS-02-CC-3885, which were coming from Nagaon towards Guwahati, loaded with betel nut seedling and during search, they have found 53 numbers of cattle in the aforesaid vehicles and arrested 3 persons namely, Akiluj Zamal; Mubarak Ali; and Mustafijur Rahman.

¶4Mr. Khan, learned counsel for the applicant submits that the applicant is the owner of an intercepted vehicle, bearing registration No. AS-02-CC-3885. Mr. Khan further submits that the applicant is innocent and he is no way involved with the offence alleged in the FIR and that he is ready to cooperate with the investigating agency, and therefore, it is contended to allow the petition.

¶5On the other hand, Ms. Das, learned Additional Public Prosecutor, has produced the case diary before this court and fairly submits that in view of the materials collected so far in the case diary, the custodial interrogation of the applicant seems to be unwarranted, in the interest of investigation.

¶6Having heard the submissions of learned Advocates of both sides, I Page No.# 3/4 have carefully perused the petition as well as the documents placed on the record and also perused the case diary with the assistance of learned Additional Public Prosecutor.

¶7In view of the materials collected so far in the case diary and also in view of the submission of learned counsel for both the parties, the custodial interrogation of the applicant seems to be unwarranted, in the interest of investigation.

¶8Accordingly, it is provided that in the event of arrest of the applicant, in connection with Khetri P.S. Case No. 148/2023, under Sections 379/411/34 of the IPC read with Section 11 of the Prevention of Cruelty to Animal Act and read with Sections 7/13 of the Assam Cattle Preservation Act, he shall be enlarged on interim pre-arrest bail on his executing a bond of Rs. 50,000/- only, with one surety of like amount to the satisfaction of the arresting authority.

¶9The above privilege is, however, subject to the following conditions:

(i) that the applicant shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) that the applicant 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 from disclosing such facts to the Court or to any police officer; and

(iii) that the applicant shall not leave the jurisdiction of the learned CJM, Kamrup [M] at Guwahati, without prior permission. Page No.# 4/4

¶10In terms of above, this AB stands disposed of.

¶11The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010201202023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3124/2023 GULZAR HUSSAIN S/O NUR MUHAMMAD R/O VILL- GERUBAATI P.O. RUPOHI P.S. RUPOHIHAT DIST.NAGAON, ASSAM PIN-782125 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN