THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
In terms of above, this anticipatory bail application stands disposed of
Provisions considered
Judgment
Advocate for the Petitioner : MR. S K JAIN Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MR. JUSTICE ROBIN PHUKAN
O R D E R
10.11.2022. Heard Mr. S.K. Jain, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State Page No.# 2/3 respondent. By this petition under Section 438 Cr.P.C., the petitioner, namely, Rafiqul Islam has prayed for granting pre-arrest bail, apprehending arrest in connection with Bihpuria P.S. Case No. 129/2022, under Section 11(d) of the Prevention of Cruelty to Animals Act read with Section 13(1) of the Assam Cattle Preservation Act, 2021. The said case has been registered on the basis of an F.I.R., lodged by UBC/62 Dipak Baruah of Dhalpur Outpost on 13.07.2022, to the effect that on that day at about 1:00 A.M., they have found one truck bearing Regn. No.AS-01FC-8243 at Kathoni (NH-15) near Hawajan with 24 numbers of cattle, in abandoned condition. Mr. Jain, learned counsel for the petitioner submits that pursuant to the order of this Court passed on 29.09.2022, the applicant appeared before the I.O. and his statement has been recorded and he is cooperating with the investigating agency and therefore, Mr. Jain contended to make the interim order dated
Operative part
29.09.2022 absolute, in the same terms and conditions. On the other hand, producing the case diary before this Court, Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam confirms that the petitioner is cooperating with the investigating agency and the investigation has also progressed substantially. 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 produced before this Court with the assistance of Mr. Gogoi, learned Additional Public Prosecutor. In view of above, custodial interrogation of the applicant seems to be Page No.# 3/3 unwarranted here-in-this case and accordingly, this Court is inclined to make the interim order, dated 29.09.2022, absolute in the same terms and conditions. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of above, this anticipatory bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Prevention of Cruelty to Animals Act — s. 11(d); Assam Cattle Preservation Act, 2021 — s. 13(1).
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.