Allowed

Bijit Chutia v. the State of Assam

Gauhati HC5 Mar 2021AB/424/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to the petitioner in a case involving alleged animal cruelty. The court found that custodial interrogation was not essential as the cattle and truck involved had already been seized, and the petitioner prima facie appeared to be the owner of the animals.

What did the court decide?

Pre-arrest bail granted with a bond of Rs.20,000/- and suitable surety, subject to standard conditions.

Bijit Chutia Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010024902021

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

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Case No. : AB/424/2021

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BIJIT CHUTIA

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S/O- SRI LAKHESWAR CHUTIA, R/O- VILL.- MECHU, P.S. SILAPATHAR, DIST.- DHEMAJI, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY P.P., ASSAM

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Advocate for the Petitioner : MR. T CHUTIA

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE HITESH KUMAR SARMA

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05-03-2021

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Sri Bijit Chutia, in connection with Kaliabor P.S. Case No.11/2021 registered under Sections 120(B)/379/411/186/289 of the Indian Penal Code, read with Section 11(1)(a)(d)(h)/47/48/49/50/51/52/53/54/55/56/96/ 97/98 of Prevention of Cruelty to Animal Act, 1960 .

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Heard Mr. T. Chutia, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam appearing for the Respondent State.

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Case diary produced has been perused.

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Page No.# 2/2

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On perusal of the case diary, it is found that the cattle involved in this case have already been seized. The truck in which the cattles were being carried, has also been seized.

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The petitioner, prima facie, appears to be the owner of the cattles, involved in this case. In view of such materials in the case diary, in the considered view of this Court, custodial interrogation of the petitioner is not essential. Hence, he is granted the privilege of pre-arrest bail.

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Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on his furnishing bail bond of Rs.20,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.

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The direction for pre-arrest bail is subject to the conditions that the petitioner :

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(a) shall appear before the Investigating Officer of concerned Police Station, within ten(10) days from today and shall co-operate with the investigation;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case;

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(c) 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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The petition stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Bijit Chutia v. the State of Assam

Case brief

What is this about?

What did the court decide?

Bijit Chutia v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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