Mustafa Ahmed v. The State of Assam

ORDER

07.02.2024 Heard Mr. A.B.T. Haque, learned counsel for the applicant and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2This application, under Section 438 Cr.P.C. is preferred by the applicant, namely, Page No.# 2/3 Mustafa Ahmed, who has been apprehending arrest in connection with Basistha P.S. Case No.687/2023, under Section 379 IPC, read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, read with Section 13(1)/16 of the Assam Cattle Preservation Act, 2021, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by A.S.I. Atul Ch. Deka of Jorabat Police Out Post on 07.11.2023. The essence of allegation made in the aforesaid FIR is that on 07.11.2023, at about 12:20 a.m. during Naka checking, they have intercepted one vehicle, bearing Registration No.AS-01QC-8342 (16 wheeler Truck) and on checking he found 32 nos. of cattle being carried without any document in an atrocious manner and apprehended the driver, namely, Jakir Ahmed and the helper, namely, Asraful Alam.

¶4Mr. Haque, learned counsel for the applicant submits that the applicant is the registered owner of the said vehicle and he is no way involved with the offence alleged in the FIR and the cattle were purchased from Bihora Weekly Cattle (Baffalo) Selling Market and the relevant documents have been annexed with the petition as Annexure-3 onwards and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor has produced the case diary before this Court and submits that the the applicant is the registered owner of the aforesaid vehicle. However, Mr. Sarma submits that none of the co-accused has whispered any word against the present applicant and the investigation is going on and therefore, Mr. Sarma has opposed the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Sarma, learned Additional P.P.

¶7Indisputably, the applicant is the registered owner of the vehicle, but the I.O. has failed to collect any incriminating materials against the present applicant. Having regards Page No.# 3/3 to above and also having regards to the stage of investigation and the nature and gravity of the offence, custodial interrogation of the applicant seems to be unwarranted here in this case and therefore, this Court is inclined to allow this petition. It is provided that in the event of arrest of the applicant, namely, Mustafa Ahmed, in connection with Basistha P.S. Case No.687/2023, under Section 379 IPC, read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, read with Section 13(1)/16 of the Assam Cattle Preservation Act, 2021, he shall be enlarged on pre-arrest bail on his executing a bond of ` 50,000/-with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:-

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

(ii) 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) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup(M), without prior permission.

¶8In terms of above, this anticipatory bail application stands disposed of.

¶9Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010282872023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4211/2023 MUSTAFA AHMED S/O- MUHIUDDIN AHMED, R/O- VILLAGE KUTHARI, BANDARDUBI, P.S- NAGAON, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A B T HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN