Md. Ariful Islam v. The State of Assam

ORDER Date : 19-01-2024

¶1Heard Mr. A. Deka, learned counsel for the petitioner Md. Ariful Islam and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State of Assam.

¶2The petitioner has filed this application under Section 438 of the Code of Page No.# 2/3 Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Basistha Police Station Case No. 774/2023 under Section 379 of the Indian Penal Code read with Section 11(1)(d) of Prevention of Cruelty to Animal Act 1960, read with Section 13(1)/16 of Assam Cattle Preservation (Amendment) Act 2021.

¶3The petitioner is the owner of the vehicle bearing registration No. AS-02DC-4211. The vehicle is a bolero pick up and was intercepted while the vehicle was carrying 14 head of cattle. It is submitted that the petitioner was not privy that the cattle was allegedly smuggled cattle.

¶4I have considered the submissions at the bar with circumspection. It is submitted at the bar that the petitioner is a local resident and the petitioner will cooperate with the investigation. I have perused the case diary. Investigation has progressed to a considerable extent. Custodial interrogation may not be required for the progress of investigation. The petitioner has pledged to cooperate with the investigation as well as with the trial.

¶5Considering all aspects, petition is allowed.

¶6In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of arrestsing authority under the conditions that:

(1) The petitioner shall refrain from such activities with which he is alleged.

(2) The petitioner shall appear before the Investigating Officer within ten days and cooperate with the investigation. Page No.# 3/3

¶7On breach of any of the bail conditions, bail order shall stand cancelled.

¶8Send back the case diary.

¶9In the above terms and conditions, this anticipatory bail application stands cancelled.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010295692023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/38/2024 MD. ARIFUL ISLAM S/O ABDUL AWAL R/O VILL- GERUA ATI P.S. SAMAGURI 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