Allowed

MD Mannan Miya @ Manna Miya and Anr. v. the State of Assam

Gauhati HC21 Apr 2023Bail Appln./1173/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to two accused persons facing charges under the IPC, Assam Cattle Preservation Act, and Prevention of Cruelty to Animals Act. The court found prima facie incriminating material but held further detention was unwarranted due to the length of custody.

What did the court decide?

Accused petitioners released on bail of Rs. 40,000 each with one surety of like amount on standard conditions including cooperation with police and refraining from similar offenses.

MD Mannan Miya @ Manna Miya and Anr. Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2023)

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GAHC010069202023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./1173/2023

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MD MANNAN MIYA @ MANNA MIYA AND ANR S/O LATE FAJAL MIYA VILL- GUMA P.S. TARABARI DIST. BARPETA, ASSAM

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2: MD. HABIJUL ALI S/O BILAT ALI VILL- DHANBANDHA P.S. BARPETA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR F HAQUE

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 21.04.2023

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Heard Mr. F Haque, learned Counsel for the accused petitioners as well as Mr. B Sharma,

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learned Additional Public Prosecutor, Assam for the State respondent.

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By this petition filed under Section 439 Cr.P.C., the accused petitioners, namely, 1. Md. Mannan Miya @ Manna Miya and 2. Md. Habijul Ali have prayed for granting bail, in connection with Biswanath Chariali P.S. Case No. 38/2023 u/s 420/379/411/34 of the IPC r/w 13 of the Assam Cattle Preservation (Amendment) Act r/w Section 11 of Prevention of Cruelty to Animal Act.

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The case diary, as called for, is placed before this Court.

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The FIR reveals the allegation that during Naka checking, the informant intercepted a truck and recovered 24 numbers of cattle from the present accused petitioners and they failed to produce any documents.

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It is noticed that the accused petitioners are in judicial custody for 30 days since 21.03.2023.

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A perusal of the case diary reveals prima facie incriminating material against the accused petitioners’ complicity in the commission of alleged offences. The investigation appears to have substantially progressed.

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However, considering the length of detention and in the backdrop of facts and circumstances, this Court is of the opinion that further continuation of the accused petitioners in the interest of investigation is not warranted.

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Accordingly, it is provided that the accused petitioners, named above shall be released on furnishing bail of Rs. 40,000/- (Forty Thousand) each with one surety of like amount to the satisfaction of the learned CJM , Biswanath Chariali subject to the following conditions- :

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(i) That the accused petitioners shall cooperate with the Investigating Officer as and when required;

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(ii) That the accused petitioners 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

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(iii) That the accused petitioners shall refrain from committing any similar offences

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in future, of which they are accused or suspected of commission.

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This disposes of the bail application.

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Return the case diary.

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JUDGE

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Comparing Assistant

MD Mannan Miya @ Manna Miya and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

MD Mannan Miya @ Manna Miya and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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