The Gauhati High Court dismissed a pre-arrest bail petition filed under Section 438 Cr.P.C. The Court observed that the petitioner had avoided cooperating with the investigation officer and that prima facie evidence pointed to complicity in cattle trafficking.
Interim pre-arrest bail dated 04.10.2019 was vacated and the petition dismissed.
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GAHC010248522019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3514/2019
1:ADAM ALI
S/O. AZAD ALI SHEIKH, VILL. MATIABAG, P.S. GAURIPUR, PIN-783331, DIST. DHUBRI, ASSAM.
VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. J KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 09-06-2020
Heard Mr. J. Kalita, learned counsel for the petitioner. Also Heard Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely Adam Ali , apprehending arrest in connection with Basistha P.S. Case No. 1559/2018 registered u/s 188/406/379/420 of the IPC.
The Case diary, as called for, is placed before the Court.
It may be mentioned that by order, dated 04.10.2019, this Court granted the privilege
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of interim pre-arrest bail to the petitioner, subject to conditions.
A perusal of the case diary reveals that after obtaining the interim pre-arrest bail, the petitioner has not appeared before the investigating officer and apparently avoided cooperation with him in investigation. Further, on scrutiny of the statements of the witnesses and other documents prima facie show that there are incriminating evidence of serious nature of his complicity to the cross-border illegal trafficking in cattle between India and Bangladesh as well as other criminal activities, subject, of course, to further investigation.
Therefore, this Court finds it not a fit case to grant the privilege of pre-arrest bail to the petitioner and accordingly, the petition stands dismissed.
The interim pre-arrest bail, dated 04.10.2019 stands vacated.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail despite avoiding cooperation with the investigation after interim bail was granted.
2 provisions across 2 enactments
ADAM ALI
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
