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

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

03.11.2022 ORDER Page No.# 2/3 Heard Mr. B. Islam, learned counsel for the accused petitioners as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent. By this petition under Section 439 Cr.P.C., the accused-petitioners, namely

Sormot Ali @Sarmot Ali 2. Ahmod Ali and 3. Abdur Sabur @Abdul Sabur have prayed for grant of bail in connection with Bilasipara P.S. Case No. 289/2022 under Sections 379/411 of the IPC read with Section 13 of the Assam Cattle Preservation Act, 2021 (corresponding to G.R. No. 539/2022). The case diary is not received. The case relates to recovery and seizure of 7 numbers of cows from the possession of the accused petitioners, who were illegally transporting them from Kokrajhar, but, were caught red handed by some villagers. It is noticed that the accused petitioners have been in judicial custody since 05.09.2022, i.e., for 59 days. Considering the length of detention as well as the nature of allegation made against the accused petitioners and the punishment prescribed for the offences, this Court is of the opinion that further continuation of their detention may not be required in the interest of the ongoing investigation into the case. Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs. 30,000/- (Rupees Thirty Thousand) each with one surety of like amount to the satisfaction of the learned S.D.J.M. (M), Bilasipara subject to the following conditions- Page No.# 3/3 i) That the accused/petitioners shall cooperate with the Investigating Officer as and when required; ii) That the accused/petitioners 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 Police Officer or the Court; and iii) That the accused/petitioners shall refrain from committing any offences similar to the one of which they are accused or suspected of commission. This disposes of the bail application. JUDGE Comparing Assistant