The Gauhati High Court dismissed an application for pre-arrest bail under CrPC 438 in a cattle possession case. The court found the accused in possession of the vehicle carrying seized cattle and directed a thorough investigation, rejecting bail at this stage.
Prayer for pre-arrest bail was rejected and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010012572022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/167/2022
ATABUR RAHMAN S/O ABUL KALAM R/O VILL- KAWAIMARI P.O. KAWAIMARI P.S. RUPAHIHAT DIST.NAGAON 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.
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Heard Mr. G Phukan, learned counsel appearing for the petitioner. Also 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, Atabur Rahman, 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 was in possession of the offending vehicle at the time of the occurrence which carried the seized cattle.
Considering such fact, this Court is of the view that a thorough investigation be carried out in respect of the petitioner so far the offence is concerned. Therefore, his prayer for pre-arrest bail stands rejected at this stage.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail under Section 438 CrPC should be granted where the accused was in possession of the offending vehicle carrying seized cattle at the time of the offence.
3 provisions across 3 enactments
Atabur Rahman S/o Abul Kalam
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
