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

Advocate for the Petitioner : MR. A L MANDAL Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

19.09.2022 ORDER Heard Mr. R.B. Sah, learned counsel appearing for the accused petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Saiful Ali has prayed for grant of bail in connection with G.P.R. P.S. Case No. 64/2022 u/s 420 of the IPC read with Sections 11(a)(b)(c)(d) of the Prevention of Cruelty to Animals Act, 1960 read with Section 13 of the Assam Cattle Preservation Act, 2021 as amended and added Section 120B of the IPC. The case diary is not received. The case relates to recovery and seizure of 52 nos. of cattle while being carried in 4(four) nos. of vehicles without permit and veterinary certificate. It is noticed that the accused petitioner has been in judicial custody since

22.07.2022, that is, for 59 days. Perusal of the FIR and the accused Forwarding Report shows prima facie incriminating material against the accused petitioner. However, considering the length of detention, this Court is of the opinion that further continuation of detention of the accused petitioner in the interest of the ongoing investigation is not warranted. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 40,000/- (Rupees Forty Thousand) with one surety of like amount to the satisfaction of the learned S.D.J.M., Gohpur subject to the following conditions- i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required; ii) That the accused/petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with Page No.# 3/3 the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court; and iii) That the accused/petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission. This disposes of the bail application. JUDGE Comparing Assistant