Muksidul Islam and Anr v. The State of Assam

ORDER Date : 09-01-2024

¶1Heard Ms. A. Medhi, learned counsel for the petitioners Muksidul Islam Page No.# 2/3 and Anar Hussain @ Anowar Hussain.

¶2The petitioners have filed this application under Section 439 of the Code of Criminal Procedure as they are behind bars since 14.12.2023 in connection with Basistha Police Station Case No. 788/2023 under Section 379 Indian Penal Code 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 (Amendment) Act, 2021.

¶3Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

¶4I have considered the submissions at the bar.

¶5It is submitted on behalf of the petitioners that the petitioners are the driver and handyman of the vehicle bearing registration No. AS-02 DC 1528 which was allegedly loaded with 11 (eleven) smuggled cattle.

¶6The learned Additional Public Prosecutor has submitted that there are incriminating materials in the case diary against the petitioner.

¶7I have considered the length of detention.

¶8The case diary reveals that the investigation has also progressed to a considerable extent. It appears that further custodial detention may not be required for the progress of the investigation. The petitioners are local residents and the petitioners have pledged to cooperate with the remaining part of the investigation.

¶9Considering all aspects, petitioners are enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each, with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Page No.# 3/3 Kamrup(M) under the condition:

That the petitioners shall refrain from such activities with which they are alleged, failing which bail order shall stand cancelled.

¶10Bail Application stands disposed of in the above terms.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010289972023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4688/2023 MUKSIDUL ISLAM AND ANR S/O- ISRAFIL ALI, R/O- VILL- JIEWMARI, P.O- TELIACHAPORI, P.S- RUPAHIHAT, DIST NAGAON, ASSAM, PIN- 782125 2: ANAR HUSSAIN @ ANOWAR HUSSAIN S/O- KADDUS ALI R/O- VILL- JIEWMARI P.O- TELIACHAPORI P.S- RUPAHIHAT DIST NAGAON ASSAM PIN- 78212 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. A. MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND