The Gauhati High Court granted bail to a police Sub-Inspector accused of selling seized cattle during an investigation under the IPC and Assam Cattle Preservation Act. The court held that bail would not adversely affect the ongoing inquiry.
Petitioner released on bail of Rs. 30,000/- with one surety of the like amount, subject to conditions.
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GAHC010118222022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Bail Appln. 1325/2022
DHIREN SAIKIA SONOWAL S/O LATE LAKHESWAR SAIKIA R/O VILL- NO. 1 MORICHAPATHAR P.S. BIHPURIA DIST. LAKHIMPUR ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP ASSAM
-----------Advocate for : MR. M BISWAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 24.06.2022
Heard Mr. M Biswas, learned counsel for the petitioner and Mr. BB Gogoi, learned Additional Public Prosecutor, Assam for the State respondent.
By this petition under Section 439 Cr.P.C., the petitioner, namely, Dhiren Saikia Sonowal has prayed for granting bail in connection with Lahorighat P.S. Case No. 191/2022 under Sections 420/409/379/201/34 of the IPC r/w Sections 13 (1) (a) of PC
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Act.
Case diary, as called for, is received.
The brief fact of the case is that on 17.04.2022, on receipt of information, the informant along with police personnel caught one truck illegally carrying 25 bulls which were unloaded near the embankment of the Brahmaputra river along with the driver and the accused persons sold one cow at Rs.20,000/-.
It is noticed that the accused petitioner, who is a police Officer, has been in judicial custody for 63 days since 22.04.2022.
A perusal of the case diary, prima facie, reveals that the accused petitioner, who is a Sub-Inspector of Police and who was entrusted with the investigation of Lahorighat PS Case No.186/2022 under Section 379 of the IPC read with Section 13 (1) of the Assam Cattle Preservation Act, in course of investigation seized 25 number of cattle, but 01 (one) of the aforesaid seized cattle was allegedly sold out at Rs.20,000/-, by some of the accompanying police personnel. This is, of course, subject to final outcome in investigation, which is yet to be completed.
However, keeping in consideration of the nature and character of the evidence so far collected and length of detention, this Court is of the opinion that if the liberty of bail is granted to the accused petitioner the ongoing investigation is unlikely to be adversely affected.
Therefore, it is provided that the accused petitioner, namely, Dhiren Saikia Sonowal shall be released on bail of Rs.30,000/- (Thirty Thousand) with one surety of the like amount to the satisfaction of the learned Special Judge, Kamrup (M) subject, of course, to the following conditions:
With the above directions, the bail application stands disposed of.
JUDGE
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Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the petitioner despite allegations of misconduct during investigation.
Whether granting bail will adversely affect the ongoing investigation.
3 provisions across 3 enactments
Dhiren Saikia Sonowal
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
