THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM TO BE
Case at a glance
- Bench
- MALASRI NANDI
Outcome
Disposed of
In terms of the above, this bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 120B, 379
- Prevention of Cruelty to Animals Act, 1960 s. 11(1)(d)
- Assam Cattle Preservation Act, 2021 ss. 13(1), 16
Judgment
Operative part
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Page No.# 2/3 Date : 08 .04. 2024 ORDER Heard Mr. AK Ahmed, learned counsel for the petitioners and Mr. PD Goswami, learned Addl. Public Prosecutor for the State respondent. This is an application under Section 439 Cr.P.C., filed by the petitioners namely, Sultan Ali, Ajibjur Rahman and Nabi Hussain, praying for bail, who were arrested on 21.03.2024 in connection with Basistha P.S. Case No. 173/2024 under Sections 120B/ 379 of IPC read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960, read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021. Heard both sides. It is submitted by the learned counsel for the petitioners that the petitioner No. 1 is the owner of alto vehicle bearing registration No. AS-12 AD 5085 and petitioner No. 2 is his friend. The allegation made against the petitioner No. 1 is that he has escorted a truck bearing registration No. AS-O1 JC 9963 from which, 14 numbers of cattle were recovered. The petitioner No. 3 is the driver of the truck. The petitioners were in custody since last 20 days and seized cattle have already been recovered. The petitioners may be enlarged on bail. The learned Additional Public Prosecutor has submitted that the charge sheet has not yet been submitted and the accused/ petitioners may be enlarged on bail considering the period of detention. In view of the above, considering the materials available on the record including the length of detention I find that further custodial interrogation of the Page No.# 3/3 accused/petitioners may not be required. It is directed that the accused/ petitioners be released on bail on furnishing a bond of Rs. 20,000/- each with a suitable surety each of like amount to the satisfaction of the learned CJM, Kamrup (Metro), Guwahqti in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall not hamper with the investigation and tamper with the evidence of the case; and (b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of the above, this bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 120B, 379; Prevention of Cruelty to Animals Act, 1960 — s. 11(1)(d); Assam Cattle Preservation Act, 2021 — ss. 13(1), 16.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.