Mohsin Ahmed v. The State of Assam

ORDER

10.01.2024 Heard Ms G Borah, learned counsel for the petitioner, Mohsin Ahmed.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Khetri PS Case No. Page No.# 2/3 175/2023, registered under Sections 379/411/34 IPC, read with Section 11 of the Prevention of Cruelty to Animal Act, 1960, read with Sections 13 (1)/16 of the Assam Cattle Preservation (Amendment) Act, 2021.

¶3Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶4The petitioner was on interim bail. He has appeared before the IO and he has cooperated with the investigation. The petitioner has not violated any bail conditions.

¶5It is also submitted on behalf of the petitioner that he is the owner of the vehicle and he was not involved in transporting cattle.

¶6The learned Additional Public Prosecutor has submitted that the petitioner has appeared before the IO and his statement has been recorded, but there are incriminating materials in the Case Diary against the petitioner.

¶7I have considered the submissions at the Bar with circumspection. I have also perused the Case Diary.

¶8Indeed, there are incriminating materials in the Case Diary, against the petitioner.

¶9However, investigation has progressed to a considerable extent.

¶10It appears that custodial interrogation may not be required in this case.

¶12Considering all aspects, the interim order dated 30.11.2023, is hereby made absolute. Page No.# 3/3

¶13Anticipatory Bail Application stands disposed of.

¶14Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010260692023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3911/2023 MOHSIN AHMED S/O FIROJ AHMED R/O VILL- KALIADINGGA PAM, P.S. RUPAHI, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. G BORAH Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND