Allowed

Baser Ali v. the State of Assam

Gauhati HC26 Feb 2020AB/298/2020

Case brief

AI extract

What is this about?

The Gauhati High Court allowed pre-arrest bail applications under Section 438 Cr.P.C. for two petitioners accused of cow theft and cruelty. The court found no incriminating material in the case diary, making custodial interrogation unnecessary. Bail for one was confirmed; bail for the other was granted with conditions.

What did the court decide?

Absoluting interim bail for Kolimuddin; granting bail to Baser Ali on Rs. 20,000 with solvent surety appearance before court within 15 days.

Baser Ali Vs the State of Assam — Property and Title | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010016122020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 298/2020

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1:BASER ALI

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S/O- LATE AKKEL ALI, R/O- VILL- BHITORDUM, P.S- CHHAYGAON, DISTKAMRUP, ASSAM

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VERSUS

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1:THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR M AHMED

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Advocate for the Respondent : PP, ASSAM

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Linked Case : AB 484/2020

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1:KOLIMUDDIN S/O ABU SAMAD R/O VILL-TUKRAPARA P.S.-CHHAYGAON DIST-KAMRUP ASSAM

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

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Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP ASSAM

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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 26-02-2020

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By these two applications u/s 438 Cr.P.C. the petitioners, namely, Kolimuddin and Md. Baser Ali have prayed for pre-arrest bail apprehending arrest in connection with Chhaygaon P.S. Case No. 36/2020 u/s 379/411/34 IPC, 1860 read with Section 11(1)(a)/11(1)(d) of the Prevention of Cruelty to Animals Act, 1960.

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Heard Mr. M. Ahmed, learned counsel for the petitioners and Mr. T.K. Mishra, learned Addl. Public Prosecutor for the State. Also perused the FIR and the documents annexed therewith as well as the case diary produced today.

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Learned counsel for the petitioners, Mr. Ahmed submits that the cows seized in connection with the aforementioned case belonged to the petitioner Baser Ali and therefore, no offence of theft was committed.

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Allegation made in the FIR was that the cows were transported in a vehicle in a cruel manner and it was suspected that the cows were stolen.

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The petitioner Kolimuddin was already granted interim pre-arrest bail and in the meantime, he has been interrogated by the investigating agency.

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Case diary does not reflect any incriminating material justifying the necessity of custodial interrogation of the petitioners, and as such, the prayer for pre-arrest bail deserves to be allowed. Accordingly, the interim pre-arrest bail granted to the petitioner Kolimuddin by order dated 07-02-2020 is hereby made absolute on the same terms and conditions.

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It is further provided that in the event of arrest of the petitioner Md. Baser Ali in connection with the aforementioned case, he shall be released on bail of Rs. 20,000/- with a solvent surety of like amount to the satisfaction to the arresting authority. This pre-arrest bail shall be subject to the following conditions :-

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i) The petitioner Md. Baser Ali shall appear before the investigating

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officer within 15 days and co-operate with the investigation. (ii) The petitioner Md. Baser Ali 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.

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Send down the case diary. ABs stand disposed of.

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JUDGE

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Comparing Assistant

Baser Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Baser Ali v. the State of Assam

Case brief

What is this about?

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