Mahar Ali v. The State of Assam

ORDER Date : 10-01-2024

¶1Heard Mr. A.K. Ahmed, learned counsel for the petitioner Sri Mahar Ali. Page No.# 2/3

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure as he is apprehending arrest in connection with Sonapur Police Station Case No. 261/2023 under Sections 379/411 IPC, R/W Section 11(a)(b)(d) of the Prevention of Cruelty to Animal Act, 1960, R/W. Section 13(1)/14 of the Assam Cattle Preservation Act, 2021.

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

¶4It is submitted on behalf of the petitioner that the petitioner is owner of the vehicle.

¶5I have considered the submissions at the bar.

¶6It is submitted at the bar that the petitioner is not involved in smuggling cattle. The owner of the cattle has also submitted challans relating to purchase of the cattle. The case diary also reveals that investigation has progressed to a considerable extent and custodial interrogation does not appear necessary at this stage. The allegedly smuggled cattle have already been seized in connection with this case along with the vehicle bearing registration No. AS-25-CC-4819. The petitioner is a local resident and he has pledged to cooperate with the investigation.

¶7Considering all aspects, petition is allowed.

¶8In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount under the conditions that:

¶1The petitioner will appear before the Investigating Officer within ten days and cooperate with the investigation,

¶2the petitioner shall refrain from such activities with which he is Page No.# 3/3 alleged.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

¶10Send back the case diary.

Anticipatory Bail application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010280332023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4170/2023 MAHAR ALI S/O AJIMUDDIN R/O KIRAKARA (PART) P.S. SIPAJHAR DIST. DARRANG, ASSAM PRESENTLY RESIDING AT GANDMOW P.S. SUALKUCHI DIST. KAMRUP, ASSAM PIN-781103 MOB. NO. 9864027090 VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A K AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND