Allowed

Noor Hussain v. the State of Assam

Gauhati HC28 Apr 2024AB/977/2024

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail to the applicant in a case involving cow smuggling. The court held that custodial interrogation was unwarranted based on available materials and conditions precedent were imposed.

What did the court decide?

Granted anticipatory bail on bond of ₹50,000 with one surety, subject to conditions regarding availability, tampering with witnesses, and jurisdiction limits.

Noor Hussain Vs the State of Assam — Property and Title | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010075282024

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

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Case No. : AB/977/2024

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NOOR HUSSAIN

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S/O JOINUDDIN @ MAHAMMAD JAINUDDIN, R/O VILL- 2 NO. BORGHULI, P.S.-ULUWANI, DIST-NAGAON, ASSAM, PIN-782120

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : M. HOSSAIN

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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29.04.2024

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Heard Mr. M. Hossain, learned counsel for the applicant and also heard Ms. N. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

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2. This application, under Section 438 Cr.P.C. is preferred by the applicant, namely, Noon Hussain, who has been apprehending arrest in connection with Khetri P.S. Case

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Page No.# 2/3

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No.47/2024, under Section 379/411/34 IPC, read with Section 13(1)/16 of the Assam Cattle Preservation (Amendment) Act, read with Section 11(1)(a)(d)(e) of the Prevention of Cruelty to Animals Act, 1960, for grant of pre-arrest bail.

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3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Kamal Bora of Khetri P.S., on 04.04.2024. The essence of allegation made in the aforesaid FIR is that on 03.04.2024, at about 11:15 p.m., he has intercepted one vehicle, bearing Registration No.AS-12CC-2844 (Super Carry), which was coming from Nagaon side towards Meghalaya and on checking the vehicle he found 10 nos. of cattle being carried in the said vehicle without any documents.

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4. Mr. Hossain, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and he is the owner of the vehicle, bearing Registration No.AS-12CC-2844 and in support of the same, he has referred Annexure-II of the petition i.e. Registration Certificate of the vehicle and that the aforesaid cattle were being carried in the vehicle without his knowledge by the driver of the vehicle and that he is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

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5. On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the materials, so far collected in the case diary are inadequate to show the complicity of the applicant with the offence alleged in the FIR.

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6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Additional P.P.

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7. In view of the materials collected so far in the case diary as well as the progress of investigation, custodial interrogation of the applicant seems to be unwarranted here in this case and therefore, this Court is inclined to allow this petition. It is provided that in the event of arrest of the applicant, namely, Noon Hussain, in connection with Khetri P.S.

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Page No.# 3/3

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Case No.47/2024, under Section 379/411/34 IPC, read with Section 13(1)/16 of the Assam Cattle Preservation (Amendment) Act, read with Section 11(1)(a)(d)(e) of the Prevention of Cruelty to Animals Act, 1960, he shall be enlarged on pre-arrest bail on his executing a bond of ` 50,000/- with one surety of the like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:-

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(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required;

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(ii) The applicant 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 Court or to any police officer; and

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(iii) The applicant shall not leave the jurisdiction of the learned C.J.M., Kamrup(M), without prior permission.

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8. In terms of above, this anticipatory bail application stands disposed of.

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9. Case diary be returned.

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Sd/- Robin Phukan JUDGE

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Comparing Assistant

Noor Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

Noor Hussain v. the State of Assam

Case brief

What is this about?

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