This is a bail application under Section 438 CrPC. The Gauhati High Court rejected the prayer for pre-arrest bail, holding that the existence of prima facie material in the case diary against the petitioner, who owns the seized cattle, justifies refusal.
Prayer for pre-arrest bail rejected; petition disposed of.
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GAHC010012572022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/135/2022
MD. ALALUDDIN SON OF NUR ISLAM R/O VILL- NAMCHUBURI PANBARI P.S. DHEKIAJULI DIST. SONITPUR ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP ASSAM
-----------Advocate for : MR G PHUKAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 02-02-2022
The court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.
Heard Mr. G Phukan, learned counsel appearing for the petitioner. Also
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heard Mr. Bidyut Sarma, learned Additional Public Prosecutor, appearing for the State of Assam.
This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the petitioner, namely, Md. Alaluddin, in connection with Changsari PS Case No. 04/2022 registered under Sections 379/411 of the IPC read with Section 13(1) of the Assam Cattle (P) Act, 2021.
Perused the case diary produced before this Court.
On perusal of the case diary, it appears that the petitioner owns the cattle seized in connection with the case which was transported in the offending vehicle. That being so, there is, prima facie, material against him about his involvement in the offence alleged. Therefore, his prayer for pre-arrest bail stands rejected on the basis of the materials in the case diary.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, who owns cattle seized in connection with the offending vehicle, is entitled to pre-arrest bail under Section 438 CrPC.
3 provisions across 3 enactments
Md. Alaluddin
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
