Allowed

Haresh Ali and 7 Ors. v. the State of Assam

Gauhati HC12 Mar 2021Bail Appln./259/2021

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to eight accused petitioners in a cattle cruelty case. After considering the 56 days of detention and case diary materials, the court held further custodial detention unnecessary and fixed a bail bond of Rs. 20,000 each.

What did the court decide?

Bail granted to accused petitioners with a bond of Rs. 20,000 each and suitable surety, subject to specified conditions.

Haresh Ali and 7 Ors. Vs the State of Assam — Labour and Industrial Disputes | Gauhati HC (2021)

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GAHC010021692021

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

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Case No. : Bail Appln./259/2021

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HARESH ALI AND 7 ORS S/O LATE HASMAT ALI R/O VILL-KATLAPATHAR P.O.-BHAWANIPUR P.S.-BARPETA ASSAM

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2: MD. HOSSAIN ALI S/O AKBAR ALI R/O VILL- NO. 2 POLASHGURI P.S.-GOSSAIGAON DIST-KOKRAJAHR ASSAM

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3: MD. ASHRAFUL ALOM S/O ABDUL SAMAD R/O VILL-BHOMRABIL P.S.-GOSSAIGAON DIST-KOKRAJHAR ASSAM

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4: ABDUL KARIM S/O BUDDU ALI R/O VILL-CHHAPAGURI P.S.-SARTHEBARI DIST-BARPETA ASSAM

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5: IMRAN @ MD. IMRAN KHAN S/O SHAMSHAD HUSSAIN R/O VILL-BAGATPUR P.S.-BAGATPUR DIST-MURADABAD UTTAR PRADESH

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6: AKBAR HUSSAIN S/O MERAJ HUSSAIN R/O VILL-KUNDARKI P.S.-KUNDARKI DIST-MURADABAD UTTAR PRADESH

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7: LUFFUL HUSSAIN @ MD. LUTFUR HUSSAIN S/O LATE MOZAFAR ALI R/O VILL-GOSSAIGURI P.S.-MATIA DIST-GOALPARA ASSAM

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8: KHALEK ALI @ MD. KHALEQUE ALI S/O LATE UMAR ALI R/O VILL- NO. 1 BURICHATAM P.S.-GOSSAIGOAN DIST-KOKRAJHAR ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

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-----------Advocate for : MR. A A R KARIM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 12-03-2021

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Heard Mr. AAR Karim, learned counsel for the accused-petitioners. Also heard Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accusedpetitioners, namely, 1. Sri Haresh Ali, 2. Md. Hossain Ali, 3. Md. Ashraful Alom, 4. Sri Abdul Karim, 5. Sri Imran @ Md. Imran Khan, 6. Sri Akbar Hussain, 7 Sri Lufful Hussain @ Md. Lutfur Hussain and 8. Sri Khalek Ali @ Md. Khaleque Ali, in connection with Gossaigaon Police Station Case No. 23/2021, registered under Sections 279/353/307/289/379/411/289 of the IPC read with Sections 11(1)(a)(d)(e)(h) of the Prevention of Cruelty to Animal Act, 1960.

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Perused the case diary produced before this Court.

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On perusal of the materials in the case diary, it is found that there are materials collected against the petitioners indicating their involvement with the alleged offence. They have been in custody for 56 (fifty six) days, as on date.

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Considering the materials in the case diary as well as the length of detention of the petitioners, their further custodial detention, beyond 56 (fifty six) days, is not considered necessary. Therefore, they are granted bail.

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Accordingly, the accused-petitioners, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs. 20,000/- each with a suitable surety each of the like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate (M), Gossaigaon.

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The direction for bail is further subject to the conditions that the accused-petitioners:

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(a) shall not leave the territorial jurisdiction of learned SubDivisional Judicial Magistrate (M), Gossaigaon, without prior written permission from him;

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(b) shall not hamper with the investigation, or tamper with the

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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; and

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(d) shall appear before the Investigating Police Officer after their release on bail once in a week for 8 (eight) weeks.

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Return the case diary.

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The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Haresh Ali and 7 Ors. v. the State of Assam

Case brief

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Haresh Ali and 7 Ors. v. the State of Assam

Case brief

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