Anticipatory bail application filed under Section 438 Cr.P.C. regarding apprehended arrest in cattle smuggling case. Court granted pre-arrest bail with conditions for appearance and non-interference.
Granted pre-arrest bail to petitioners Nos. 1 to 4 on bond of Rs. 30,000 each with local surety, conditionally.
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GAHC010065692023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1128/2023
MD. ABDUL HANIF AND 4 ORS S/O MD. ALI R/O VILL- RANGALU URIA GRANT, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM
2: SAIDUL ALI @ SAIDUL RAHMAN S/OLT. MUKIBUR RAHMAN @ ALI R/O VILL- BABUR ATI P.S. KACHUA DIST. NAGAON ASSAM
3: EKDIL HUSSAIN S/O HASAN ALI @ ASRAF R/O VILL- BABUR ATI P.S. KACHUA DIST. NAGAON ASSAM
4: DIN ISLAM S/O ABDUL MUTALIB R/O VILL- BABUR ATI P.S. KACHUA DIST.NAGAON ASSAM
5: SADER ALI S/O ABDUR RAHMAN @ RAHMAN ALI R/O BABUR ATI P.S. KACHUA DIST. NAGAON ASSA
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VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR A W AMAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 08.05.2023
Heard Mr. S. Das, learned counsel appearing for the petitioners. Also heard Mr. B. Sarma, 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 petitioners, namely, 1. Md. Abdul Hanif, 2. Saidul Ali, 3. Ekdil Hussain, 4. Din Islam, 5. Sader Ali , apprehending arrest in connection with Kachua P.S. Case No. 03/2023 registered u/s 379/411/289/34 of IPC r/w Section 11(1)(a)(d)(c)(p)(h) of Prevention of Cruelty to Animal Act, r/w Section 13(1) of Assam Cattle Preservation Act.
It is noticed that the petitioner No. 5 has already been arrested and released on bail and, as such, his prayer for bail has become infructuous.
The matter relates to smuggling of cattle by the FIR named accused persons.
Perusal of the FIR, it is seen that there is prima facie material against the petitioners.
However, having heard the learned counsel of both sides and considering the facts and circumstances of the case, this Court is of the opinion that custodial
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interrogation of the petitioner Nos. 1 to 4 may not be necessary in the interest of investigation in the case.
Accordingly, it is provided that in the event of arrest, the Nos. 1 to 4, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 30,000/- each with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
This disposes off the anticipatory bail application.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioners apprehending arrest in cattle smuggling case.
4 provisions across 4 enactments
Md. Abdul Hanif and 4 Ors
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
