Herman Lyngdoh and 2 Ors v. The State of Assam

ORDER Date : 03-01-2024 Heard Mr. Y. Sikdar, learned counsel for the petitioners No. 1 to 3 namely Herman Lyngdoh, Kini Dkhar and Soniki Tariang. The petitioners have filed this application under Section 439 of the Code of Criminal Procedure with prayer for bail as they are behind bars since

20.11.2023 in connection with Basistha Police Station Case No. 720/2023 under Sections 379 IPC read with Sections 11(1)(d) of Prevention of Cruelty to Animal Act, 1960, and read with Section 13(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021. Heard Ms. S. Jahan, learned Additional Public Prosecutor for the respondent State of Assam. I have considered the submissions at the bar with circumspection. It is submitted on behalf of the petitioners that the petitioners are drivers and handyman of the two vehicles carrying cattle and the vehicle bearing registration No. AS-27C-6834 was loaded with 29 (twenty nine) cattle and the vehicle bearing registration No. AS-25-AC-9890 was loaded with 26 (twenty six) cattle. The learned Additional Public Prosecutor has raised objection stating that the cattle were carried in a cruel manner and the drivers and handyman were aware that the cattle were smuggled and that they failed to produce any documents. I have considered the submissions on behalf of the petitioners that the vehicle and cattle have seized in connection with this case and the petitioners Page No.# 3/3 are behind bars for 44 (forty four) days. It is also submitted on behalf of the petitioners that they had valid documents and they had already produced the documents relating to purchase of cattle before police as well as before the Court. It appears that the investigation may have presumably progressed to a considerable extent. Considering all the aspects and in view of my foregoing discussions, this petition is allowed. The petitioners Herman Lyngdoh, Kini Dkhar and Soniki Tariang 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 learned Chief Judicial Magistrate, 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.

Bail Application stands closed in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010290212023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./4700/2023o HERMANoLYNGDOHoANDo2oORSo S/OoPHILISoLYNGDOHo R/OoVILL-oNAMDONGA,oP.SoJOWAIo DIST.oWESToJAINTIAoHILLS,oMEGHALAYA. 2:oKINIoDKHAR oS/OoHAPPYoRYMBAIo R/OoVILL-MOOKHON.o P.S.oJOWAIo DIST.oWESToJAINTIAoHILLSoMEGHALAYA. 3:oSONIKIoTARIANG oS/OoEBAoTARIANGo R/OoVILL-oMYNSNGAT oP.S.oJOWAIo DIST.oWESToJAINTIAoHILLS oMEGHALAYA.o PH.oNO.o700228276o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oYoSIKDARo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND