Saiful @ Saful Islam and Anr v. The State of Assam

ORDER

23.01.2024 Heard Mr T Chutia, learned counsel for the petitioners, 1) Saiful @ Saful Islam and 2) Kishor Kumar. Page No.# 2/3

¶2The petitioners have filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Basistha PS Case No. 704/2023, under Section 379 IPC, read with Section 11 (1) (d) of the Prevention of Cruelty to Animals Act, 1960, read with Section 13 (1)/16 of the Assam Cattle Preservation Act, 2021.

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

¶4It is submitted on behalf of the petitioners that they were not smuggling cattle. The petitioner No. 1 is the owner of the cattle and the petitioner No. 2 is the owner of the vehicle bearing Registration No. BR-06-GB-0476, an HGV Vehicle.

¶5The petitioner No. 1 has annexed the receipts of purchasing the cattle as Annexure-2 series.

¶6It is submitted that the allegation that the petitioners were illegally transporting the cattle is absolutely false.

¶7I have scrutinized the receipts relating to purchasing of the cattle.

¶8The petitioner No. 2 has annexed the RC of the vehicle as Annexure-3.

¶9I have considered the submissions at the Bar with circumspection.

¶10It is submitted that the petitioners have appeared before the IO and they have cooperated with the investigation. Page No.# 3/3

¶11It is also submitted that the petitioners have not violated the bail conditions.

¶12I have scrutinized the Case Diary.

¶13Considering all aspects, the interim order dated 05.12.2023, is hereby made absolute, under the same conditions.

¶13Anticipatory Bail Application stands disposed of.

¶14Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010270892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4063/2023 SAIFUL @ SAFUL ISLAM AND ANR S/O- ABDUL HASIM, R/O- VILL- RUPAHI TOWN, P.S. RUPAHIHAT, DIST.- NAGAON (ASSAM) 2: KISHOR KUMAR S/O- BHAJUMAN PRASAD R/O- VILL-GHODASAHAN P.S. GHODASAHAN DIST.- PURBI CHAMPARAN (BIHAR VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND