Application for interim pre-arrest bail under Section 438 Cr.P.C. in a case under the Assam Cattle Preservation Act, 2021. Court found no substantive allegation requiring custodial detention and made the interim order absolute subject to standard conditions.
Intimie pre-arrest bail granted and interim order made absolute subject to standard conditions.
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.
Page No.# 1/3
GAHC010126352022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1779/2022
ABBAS ALI AND ANR
S/O- JONAB ALI, R/O- VILL.- BOYZER ALGA PART-III, P.O. NAYER ALGA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783348.
2: ATAR ALI @ ATOWAR RAHMAN S/O- LATE ABU BAKKAR SIDDIQUE @ LATE. BAKKAR ALI R/O- VILL.- BOYZER ALGA PART-III P.O. NAYER ALGA P.S. BILASIPARA DIST. DHUBRI ASSAM PIN- 783348
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR B SINHA
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 16.09.2022
Heard Mr. R. Islam, the learned counsel appearing on behalf of the Petitioners and Mr. R.J. Baruah, the learned Additional Public Prosecutor for the State respondent.
This is an application under Section 438 of the Cr.P.C. filed by the applicants, namely, 1. Abbas Ali & 2. Atar Ali @ Atowar Rahman for grant of pre-arrest bail in respect to Bilasipara P.S. Case No.127/2022 corresponding to G.R. Case No.234/2022 read with Section 13 of the Assam Cattle Preservation Act, 2021.
I have perused the FIR and the documents annexed therewith as well as the CD.
From a perusal of the case diary, it appears that there is no substantive allegation against the applicants requiring custodial detention. Consequently, this Court therefore, makes the interim pre-arrest bail order dated 24.06.2022 absolute subject to the following conditions:
Page No.# 3/3
learned Sub-Divisional Judicial Magistrate(M), Bilasipara without prior permission.
In terms of the above, this anticipatory bail application stands disposed of.
Send back the case dairy.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant interim pre-arrest bail in respect of Bilasipara P.S. Case No.127/2022.
2 provisions across 2 enactments
ABBAS ALI [AND ANR]
STATE OF ASSAM
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
