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

Advocate for the Petitioner : MR. M BISWAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN Date : 16.12.2022 ORDER Heard Mr. M. Biswas, learned counsel for the applicant. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent. Apprehending arrest in connection with Golaghat P. S. Case No. 238/2022, under Section 13 of Assam Cattle Preservation Act, 2021 read with Section 11 of the Prevention of Cruelty of Animal Act, 1960, Page No.# 2/4 this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicant, namely, Md. Nekibur Rahman@ Md. Nakibur Rahman for grant of pre-arrest bail. The aforementioned case has been registered on the basis of one FIR, dated 18.02.2021, lodged by one Sri Tarun Das, Secretary, Siyalekheti Khumtai Village Defence Party on 28.09.2022, at about 2.00 AM, they have intercepted one bolero pickup van, bearing registration No.

AS-05-C07173, and found carrying ten cows therein illegally. Mr. M. Biswas, learned counsel for the applicant submits that applicant is the power of attorney holder of the vehicle and he is no way involved with the offence alleged in the FIR and that he is a local person and ready to co-operate with the investigating agency and the relevant documents in respect of the vehicle have already been seized and the custodial interrogation of the applicant may not be required in the interest of investigation and therefore, it is contended to allow this petition. On the other hand, Ms. S. H. Bora, learned Additional PP has vehemently opposed in allowing this petition and submits that there are material to show complicity of the offence alleged in the FIR and therefore, it is contended to dismiss the petition. 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 Ms.

S. H. Bora, learned Additional Public Prosecutor. It appears that the case was registered on 29.08.2022, and since then, the IO got sufficient time for investigation. The applicant is the power of attorney holder of the vehicle, as it appears from the Annexure no. 2 of the Page No.# 3/4 petition. Further, it appears that the material part of the investigation is almost over and custodial interrogation of the applicant, as such, seems to be unwarranted herein in this case and accordingly, this Court is inclined to allow this petition. It is provided that in the event of arrest of the applicant, namely, Md. Nekibur Rahman@ Md. Nakibur Rahman, in connection with Golaghat P. S. Case No. 238/2022 under Section 13 of Assam Cattle Preservation Act, 2021 read with Section 11 of the Prevention of Cruelty of Animal Act, 1960, he shall be released on pre-arrest bail on his executing a bond of Rs. 25,000/- (Rupees twenty five thousand) only with one surety of like amount to the satisfaction of the arresting authority.

The above privilege is, however, subject to the following conditions: (i) that the applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that 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) that the applicant shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Golaghat, without prior permission. In terms of above, this anticipatory bail application stands disposed. Page No.# 4/4 The Case Diary is returned. JUDGE Comparing Assistant