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

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

22.11.2022 Heard Mr. M. Ahmed, learned counsel for the applicant and Mr. R.J. Barua, learned Addl. P.P. for the State respondent. Apprehending arrest in connection with Gohpur PS Case No. 64/2022, under section 420 of IPC read with section 11[a][b][c][d] prevention of Cruelty Page No.# 2/3 to Animal Act, 1960 read with section 13 of the Assam Cattle Preservation Amendment Act, 2011, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by accused/applicant, namely, Akhter Ali @ Akthar Ali for grant of pre-arrest bail. The said case was registered on the basis of an FIR lodged by one constable Dibyajyoti Bora of Gohpur PS on 25.04.2022 to the effect that on

24.04.2022 at about 5:30 PM acting on a tip off he along with staff intercepted 4 nos. of vehicle bearing no. AS-12-BC-7485, AS-13-AC-2662, AS-27-C-7688 and AS-12-BC-8275 loaded with 52 nos. of cattle. Mr. Ahmed submits that the present applicant is the owner of a bolero vehicle bearing registration no. AS-13-AC-2062, taking financial assistance from the Mahindra Finance, and vide agreement dated 03.03.2021 he had leased the vehicle to one Faridul Islam who had carried the cattle in the said vehicle without his knowledge. Mr. Ahmed further submits that pursuant to order dated

09.08.2022, of this court he has appeared before the IO and he has been cooperating with the investigating agency, and therefore, it is contended to make the interim order dated 09.08.2022, absolute in the said terms and conditions. On the other Mr. Barua, producing the case diary before this court, submits that the applicant has appeared before the IO and his statement has already been recorded. Mr. Barua further submits that the material part of investigation is almost over and the IO could not collect any materials against the present applicant. Having heard the submissions 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 learned Additional Public Page No.# 3/3 Prosecutor. It appears that the IO has achieved substantial progress in the investigation of this case and material evidence have already been collected and that the applicant has appeared before the IO and has been cooperating with the investigating agency and his custodial interrogation seems to be not required in the interest of investigation, and therefore, this court is inclined to make the interim order dated 09.08.2022 absolute in the said terms and conditions. In terms of above this AB stands disposed of. The case diary be returned. JUDGE Comparing Assistant