Allowed

Intaj Ali @ Intaj Mandal and 3 Ors. v. the State of Assam

Gauhati HC13 Dec 2021AB/3998/2021

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail apprehending arrest for interception of 21 cattle under IPC and animal cruelty charges. The court examined case diary materials, noted evidence of valid purchase for some cattle, and granted bail with conditions to cooperate and not interfere with investigation.

What did the court decide?

Granted pre-arrest bail on furnishing a bail bond of Rs. 20,000/- each with one local surety, subject to conditions appearing para 8 and 10.

Intaj Ali @ Intaj Mandal and 3 Ors. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2021)

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GAHC010198802021

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

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Case No. : AB/3998/2021

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INTAJ ALI @ INTAJ MANDAL AND 3 ORS S/O LATE SAMSHER ALI R/O VILL- PACHIM BHADRAGAON P.O. BIDYAPUR P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM PIN-783380

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2: JAMAL BADSHA S/O INTAJ ALI R/O VILL- PACHIM BHADRAGAON P.O. BIDYAPUR P.S. BONGAIGAON

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DIST. BONGAIGAON ASSAM PIN-783380

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3: ABDUL RASHID S/O SIJAB ALI R/O VILL- PACHIM BHADRAGAON P.O. BIDYAPUR P.S. BONGAIGAON

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DIST. BONGAIGAON ASSAM PIN-783380

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4: AHAR ALI S/O SIJAB ALI R/O VILL- PACHIM BHADRAGAON P.O. BIDYAPUR P.S. BONGAIGAON

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DIST. BONGAIGAON ASSAM PIN-78338 VERSUS

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THE STATE OF ASSAM REP. BY THE LD. PP, ASSAM

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Advocate for the Petitioner : MR A HUSSAIN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 13-12-2021

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Heard Mr. J.U. Ahmed, learned counsel for the petitioners and Mr. B.B. Gogoi, learned Additional public Prosecutor for the respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [‘CrPC’ and/or ‘the Code’, for short], the petitioners viz. 1) Intaj Ali @ Intaj Mandal, 2) Jamal Badsha, 3) Abdul Rashid and 4) Ahar Ali have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Abhayapuri Police Station Case no. 891/2021 registered for offences punishable under Sections 379/411, Indian Penal Code r/w Sections 11[a][K] of the Prevention of Cruelty to Animals Act, 1960 r/w Section 14[1A] of the Child and Adolescent Prohibition and Registered Abetment Act, 2016.

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The First Information Report [FIR] was lodged by a Sub-Inspector of Police, attached to Baitamari Outpost under Abhayapuri Police Station on

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18.10.2021. As per the FIR, 21 [twenty one] nos. of cattle were intercepted on that day when the same were being taken by road in a suspicious manner by one Rohim Ali Sk and 7 [seven] teenaged boys. The FIR has named 7 [seven] persons including the present 4 [four] petitioners, as accused persons alleging inter alia that the 21 [twenty one] nos. of cattle might be stolen ones. In the course of investigation, 3 [three] of the FIR named 7 [seven] accused persons viz. Rohim Ali Sk, Jakir Hussain and Johuruddin Mandal were arrested.

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Mr. Ahmed, learned counsel for the petitioners has referred to an order dated 08.11.2021 passed by the learned Sub-Divisional Judicial Magistrate (M), North Salmara, Abhayapuri whereby the prayer for bail in respect of the three arrested accused persons viz. Rohim Ali Sk, Jakir Hussain and Johuruddin Mandal was allowed on the ground that the materials in the case diary produced before the Court indicated that the Investigating Officer of the case after verification, had found the documents regarding purchase of 16 [sixteen] nos. of cattle out of 21 [twenty one] nos. of cattle by Jakir Hussain and Johuruddin Mandal, found to be credible after verifying the documents with the owners of the cattle. Mr. Ahmed has submitted that the rest 5 [five] nos. of cattle belonged to Abdul Roshid i.e. the petitioner no. 3 which he had purchased validly from the owners of the cattle.

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Mr. Gogoi, learned Additional Public Prosecutor who has received the case diary, has submitted, on the basis of the materials collected during the course of investigation and available in the case diary, that there are documents in the case diary which go to suggest that the 5 [five] nos. of cattle were purchased by the petitioner no. 3 from the owners of the cattle.

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Upon perusal of the materials in the case diary and the documents

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available therein, it prima facie appears that 5 [five] nos. of cattle were purchased by the petitioner no. 3 from persons who claimed to be the owners of those cattle.

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Having regard to the aforesaid materials available in the case diary and the projections made on behalf of the petitioners, this Court is of the considered view that custodial detention of the petitioners appears not necessary for the purpose of carrying out further investigation in the case and their release on pre-arrest bail, at this stage, is not likely to affect the further investigation of the case in any prejudicial manner, provided they continue to extend their assistance and cooperation in the further investigation of the case.

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Accordingly, it is provided, that in the event of arrest of the petitioners in connection with Abhayapuri Police Station Case no. 891/2021 , they shall be released on bail on furnishing a bail bond of Rs. 20,000/- each with one local surety of the like amount each to the satisfaction of the arresting authority, subject to the conditions that :

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The petitioners shall appear before the Investigating Officer of the case within a period of 10 [ten] days from today and thereafter, shall appear as and when their presence is called for and shall cooperate with the investigation of the case;

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The 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 Court or to any police officer; and

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