Khudeja Khatun v. The State of Assam

ORDER

22.01.2024 Heard Mr M Hussain, learned counsel appearing on behalf of the petitioner, Khudeja Khatun. Also heard Mr B B Gogoi, learned Additional Public Prosecutor appearing for the State respondent.

¶2This is an application under Section 438 of the Cr.P.C. filed by the applicant, namely, Khudeja Khatun for grant of pre-arrest bail in respect to Khetri P.S. Case Page No.# 2/2 No.201/2023, registered under Sections 379/411/34 of the IPC read with Sections 13(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021 and Section 11(1) (a),

(d) (e) o the Prevention of Cruelty to Animals Act, 1960.

¶3I have considered the submissions at the Bar with circumspection.

¶5It is submitted that the petitioner is the owner of the vehicle. She was not privy to the allegation that the cattle was smuggled with the help of her vehicle.

¶6It is also submitted at the Bar that the petitioner has appeared before the IO and her statement has been recorded.

¶7I have considered the submission that the petitioner has not violated any bail conditions.

¶8I have also perused the Case Diary. 9 The petitioner is a local resident and she is not a flight risk and has cooperated with the investigation as well as trial.

¶8Considering all aspects, the interim order dated 22.12.2023, is hereby made absolute, under the same terms and conditions.

¶9Anticipatory Bail Application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010288912023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4282/2023 KHUDEJA KHATUN W/O HABIBUR RAHMAN R/O VILL- 3 NO. BHURBANDHA, P.O. AMBAGAN, DIST.NAGAON, ASSAM VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : M. HOSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND