THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

ORDER

29.04.2024 Heard Mr. M. Hossain, learned counsel for the applicant and also heard Ms. N. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

This application, under Section 438 Cr.P.C. is preferred by the applicant, namely, Noon Hussain, who has been apprehending arrest in connection with Khetri P.S. Case Page No.# 2/3 No.47/2024, under Section 379/411/34 IPC, read with Section 13(1)/16 of the Assam Cattle Preservation (Amendment) Act, read with Section 11(1)(a)(d)(e) of the Prevention of Cruelty to Animals Act, 1960, for grant of pre-arrest bail.

It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Kamal Bora of Khetri P.S., on 04.04.2024. The essence of allegation made in the aforesaid FIR is that on 03.04.2024, at about 11:15 p.m., he has intercepted one vehicle, bearing Registration No.AS-12CC-2844 (Super Carry), which was coming from Nagaon side towards Meghalaya and on checking the vehicle he found 10 nos. of cattle being carried in the said vehicle without any documents.

Mr. Hossain, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and he is the owner of the vehicle, bearing Registration No.AS-12CC-2844 and in support of the same, he has referred Annexure-II of the petition i.e. Registration Certificate of the vehicle and that the aforesaid cattle were being carried in the vehicle without his knowledge by the driver of the vehicle and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the materials, so far collected in the case diary are inadequate to show the complicity of the applicant with the offence alleged in the FIR.

Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Additional P.P.

In view of the materials collected so far in the case diary as well as the progress of investigation, custodial interrogation of the applicant seems to be unwarranted here in this case and therefore, this Court is inclined to allow this petition. It is provided that in the event of arrest of the applicant, namely, Noon Hussain, in connection with Khetri P.S. Page No.# 3/3 Case No.47/2024, under Section 379/411/34 IPC, read with Section 13(1)/16 of the Assam Cattle Preservation (Amendment) Act, read with Section 11(1)(a)(d)(e) of the Prevention of Cruelty to Animals Act, 1960, he shall be enlarged on pre-arrest bail on his executing a bond of ` 50,000/- with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:- (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) The applicant 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; and (iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup(M), without prior permission.