Aminul Ali v. The State of Assam

ORDER

05.01.2024 Heard Mr R Ali, learned counsel for the petitioner, Aminul Ali.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for Page No.# 2/3 bail as he is apprehending arrest in connection with Biswanath Chariali PS Case No. 38/2023, under Sections 420/379/411/34 IPC, read with Section 13 of the Assam Cattle Preservation Act, read with Section 11 of the Protection of Cruelty to Animal Act.

¶3Heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam.

¶4The learned Additional Public Prosecutor has raised objection against the bail petition, stating that there are incriminating materials in the Case Diary against the present petitioner.

¶5I have considered the submissions at the Bar with circumspection.

¶6It is submitted that the petitioner is innocent as he is the owner of the vehicle. He was not aware that the driver was involved in smuggling of cattle.

¶7I have also perused the Case Diary.

¶8A scrutiny of the Case Diary reveals that there are indeed incriminating materials in the Case Diary against the petitioner.

¶9At this juncture, investigation is still at its nascent stage.

¶10At this juncture, there appears to be no justified ground to extend the privilege of Page No.# 3/3 anticipatory bail to the petitioner.

¶11Petition with prayer for bail is rejected at this stage.

¶12Anticipatory Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010263612023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4019/2023 AMINUL ALI S/O KABIL UDDIN SHEIKH R/O VILL NO. 94 DUMURIA PT-III P.O. AND P.S.-ABHAYAPURI DIST-BONGAIGAON ASSAM PIN-783384 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR. R ALI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND