Rabi Alam v. The State of Assam

ORDER Date : 12-01-2024

¶1Heard Mr. A. Paramanik, learned counsel for the petitioner.

¶2The petitioner Ebrahim Ali has filed an application u/s 438 Cr.PC with prayer of pre-arrest bail as he is apprehending arrest in connection with Basistha P.S. Case No. 803/2023 Page No.# 2/2 registered u/s 379 IPC R/W Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960, R/W Section 13(1) of Assam Cattle Preservation Act, 2021.

¶3Heard Mr. D.P. Goswami, learned Addl. PP, Assam.

¶4It is submitted on behalf of the petitioner that he is the owner of the vehicle bearing Registration No. AS-02DC-4552. The petitioner has submitted that he was not privy that cattle was being allegedly smuggled through his vehicle.

¶5I have also perused the Case Diary. Investigation has progressed to a considerable extent. The petitioner has made out a prima facie case for pre-arrest bail.

¶6In the event of his arrest the petitioner shall be enlarged on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:- [i] The petitioner shall refrain from such activities with which he is alleged; and [ii] the petitioner shall appear before the IO within 10 days and co-operate with the investigation. On breach of any of the bail conditions, bail order shall stand cancelled. Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010295242023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4379/2023 RABI ALAM S/O AIJ UDDIN VILL- GERUATI P.S. SAMUGURI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A DEKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND