The Gauhati High Court granted pre-arrest bail to the petitioner, apprehending arrest in a case involving alleged cow smuggling and animal cruelty, without requiring custodial interrogation.
Petitioner released on pre-arrest bail on furnishing bond of Rs. 40,000/- with one local surety of like amount, subject to specific conditions.
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GAHC010134322022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1873/2022
CHANUWAR ALI S/O LATE RUSTAM ALI PERMANENT RESIDENT OF VILL AND P.O. TOPATOLI P.S. KHETRI DIST. KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MD B ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 08.09.2022
Heard Md. B. Islam, learned counsel for the petitioner. Also Heard Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of prearrest bail to the petitioner, namely, Chanuwar Ali, apprehending his arrest in connection with Khetri P.S. Case No. 90/2022 registered u/s 379/411 of the IPC r/w Section 11 of Prevention of Cruelty to Animal Act r/w Sections 7/13 of Assam
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Cattle Preservation Act.
The Case diary, as called for, is placed before the Court.
The matter relates to recovery of six cattle from the possession of the FIR named accused persons.
Perusal of the case diary reveals prima facie incriminating materials against the petitioner with the offence alleged.
However, considering the pros and cons of evidence so far collected by the Investigating Officer, this Court is of the opinion that further custodial interrogation of the accused petitioner in the interest of ongoing investigation may not be warranted.
Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 40,000/- with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioner shall appear before the Investigating Officer and produce all the relevant documents as and when required; and
(ii) That the petitioner 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 Police Officer or the Court; and
(iii) That the petitioner shall refrain from committing any similar offences in future, of which he is suspected of commission.
Return the case diary.
This disposes off the anticipatory bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail under Section 438 Cr.P.C. should be granted in a case involving alleged animal cruelty and cattle theft.
4 provisions across 3 enactments
Chanuwar Ali S/O Late Rustam Ali
The State of Assam Rep. by the PP, Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ajit Borthakur
Parties & counsel
