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Abdul Ajij Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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Gauhati HC
2025
Abdul Ajij Vs the State of AssamAbdul Ajij v. the State of Assam

Allowed¶23

Abdul Ajij v. the State of Assam

Pre-arrest bail – interim order made absolute

Gauhati HC20 Jan 2025AB/2441/2024

Case brief

AI extract

What is this about?

Gauhati High Court, AB/2441/2024 (GAHC010188172024; 2025:GAU-AS:570), order dated 21.01.2025 by Hon'ble Mr. Justice Robin Phukan. Applicant/petitioner Abdul Ajij (counsel Dr Aziz Khan, Ms. P Das, Deepanjali Gupta) v. State of Assam (Addl. Public Prosecutor K. K. Parashar). Keywords: pre-arrest bail; interim bail order dated 11.11.2024 made absolute; Section 482 BNSS, 2023; Sections 379/411 IPC, 1860; Sections 13(1)/16 Assam Cattle Preservation Act, 2021; South Salmara P.S. Case No.35/2024; FIR by SI Karan Meena, 49 BN BSF; cattle smuggling to Bangladesh; Berabhangachar; EFC boat; case diary not updated; applicant appeared before IO on 16.11.2024; custodial detention not warranted; case diary returned.

What did the court decide?

Application allowed: the interim pre-arrest bail order dated 11.11.2024 made absolute in the said terms and conditions; case diary directed to be returned (para 24: 'Case diary shall be returned.').

Why is it important?

Custodial detention (termed in the order as 'custodial integration') of the applicant in the interest of the investigation is not warranted in this case. ¶23

What the court decided

AI extract

Outcome

Application allowed: the interim pre-arrest bail order dated 11.11.2024 made absolute in the said terms and conditions; case diary directed to be returned (para 24: 'Case diary shall be returned.').

Issue for consideration

Whether the applicant, Abdul Ajij, apprehending arrest in South Salmara P.S. Case No.35/2024 (Sections 379/411 IPC, 1860 r/w Sections 13(1)/16, Assam Cattle Preservation Act, 2021), should have the interim pre-arrest bail granted on 11.11.2024 made absolute, given that the case diary had not been updated and his cooperation with the investigating agency could not be verified from it.

Court's answer

Custodial detention (termed in the order as 'custodial integration') of the applicant in the interest of the investigation is not warranted in this case.

Ratio / Principle

The interim order dated 11.11.2024 granting pre-arrest bail is made absolute in the said terms and conditions; the case diary is to be returned.

Detailed headnote1 paragraphs

Pre-arrest bail - interim order made absolute - application under Section 482 of the BNSS, 2023 by a person apprehending arrest in South Salmara P.S. Case No.35/2024, registered under Sections 379/411 IPC, 1860 read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021 on an FIR by SI Karan Meena, 49 BN BSF (tip off dated 12.02.2024 of 18/20 cattle to be smuggled to Bangladesh). The applicant had obtained interim pre-arrest bail vide order dated 11.11.2024 and appeared before the IO on 16.11.2024. As the case diary remained un-updated and the applicant's cooperation with the investigation could not be verified therefrom, the Court (Robin Phukan, J.) held that custodial detention of the applicant in the interest of the investigation was not warranted and made the interim order dated 11.11.2024 absolute in the said terms and conditions; case diary directed to be returned. Order dated 21.01.2025.

A

Page No.# 1/3

GAHC010188172024

2025:GAU-AS:570

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

Case No. : AB/2441/2024

ABDUL AJIJ S/O MOBARAK HUSSIN R/O VILL- TUMANI, P.O. TUMANI P.S. SOUTH SALMARA, DIST. SOUTH SALMARA MANKACHAR, PIN CODE- 783127

VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

Advocate for the Petitioner : DR AZIZ KHAN, MS. P DAS,DEEPANJALI GUPTA

Advocate for the Respondent : PP, ASSAM,

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

Date : 21.01.2025

Heard DR. A. Khan, learned counsel for the applicant and also heard Mr. K. K. Parashar, learned Additional Public Prosecutor, for the State respondent.

Page No.# 2/3

This application under Section 482 of the BNSS, 2023 is preferred by applicant, namely, Abdul Ajij, who has been apprehending arrest in connection with South Salmara P.S. Case No.35/2024, under Sections 379/411 IPC,1860 read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021.

It is to be noted here that, above notes case has been registered on the basis of an FIR lodged by one SI Karan Meena, 49 BN BSF. The essence of allegation, against the present applicant is that acting on a tip off on 12.02.2024, about smuggling of 18/20 numbers of cattle to Bangladesh from Assam side, the informant with his staff carried out patrolling duty and in Berabhangachar, they have noticed movement of EFC (Emergency Fled Corporation) boat in the river channel and when they reached the place, the miscreants parked the boat on the edge of the Char and fled away.

The learned counsel for the applicant submits that vide order dated 11.11.2024, the applicant was granted the privilege of interim pre-arrest bail and pursuant to the said order, he had appeared before the IO on 16.11.2024, and he has been co-operating with the investigating agency and therefore, it is contended to make the interim order dated 11.11.2024, absolute in the said terms and conditions.

On the other hand, Mr. Parashar, learned Additional Public Prosecutor, submits that he has received the case diary, but the same has not been updated till date and prays for granting him some time to produce the updated case diary before this Court.

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 Mr. Parashar, learned

Page No.# 3/3

Additional P.P.

Admittedly, the case diary has not been updated and the information as to whether the applicant has been cooperating with the investigating agency or not is not available with him. However, the learned counsel for the applicant submits that the applicant had appeared before the IO on 16.11.2024 and co-operating with the investigating agency.

In that view of the matter, custodial integration of the applicant, in the interest of the investigation, seems to be not warranted here in this case and accordingly, this Court is inclined to make the interim order dated 11.11.2024, absolute in the said terms and conditions.

Case diary shall be returned.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant, Abdul Ajij, apprehending arrest in South Salmara P.S. Case No.35/2024 (Sections 379/411 IPC, 1860 r/w Sections 13(1)/16, Assam Cattle Preservation Act, 2021), should have the interim pre-arrest bail granted on 11.11.2024 made absolute, given that the case diary had not been updated and his cooperation with the investigating agency could not be verified from it.¶15
The court held
Custodial detention (termed in the order as 'custodial integration') of the applicant in the interest of the investigation is not warranted in this case.ratio¶23

Statutes considered

3 provisions across 3 enactments

AI extract

BNSS, 2023482¶15
IPC, 1860379, 411¶15
Assam Cattle Preservation Act, 202113(1), 16¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of South Salmara P.S. Case No.35/2024 on the basis of an FIR lodged by one SI Karan Meena, 49 BN BSF, following a tip off on 12.02.2024 regarding movement of 18/20 cattle allegedly to be smuggled to Bangladesh; miscreants fled from an EFC boat near Berabhangachar.¶16
Prior proceeding
Applicant apprehending arrest in the said case filed this application under Section 482 of the BNSS, 2023; by order dated 11.11.2024 the Court granted interim pre-arrest bail, pursuant to which the applicant appeared before the IO on 16.11.2024.¶17

Parties & counsel

AI extract

petitioner
Abdul Ajij¶6
DR AZIZ KHAN, MS. P DAS, DEEPANJALI GUPTA
respondent
The State of Assam rep by the PP, Assam¶7
K. K. Parashar

Coram

AI extract

Robin Phukanauthor¶10

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 20 Jan 2025 · January
Registered: 12 Sept 2024
Case no.: AB/2441/2024
CNR: GAHC010188172024
Topic: Anticipatory Bail
Bench: Robin Phukan
Disposal: Disposed Of
Case type: AB

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Cite this judgement

Abdul Ajij v. the State of Assam, AB/2441/2024 (GAU), decided on 20 January 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

BNSS, 2023482
IPC, 1860379, 411
Assam Cattle Preservation Act, 202113(1), 16

View all statutes

Procedural history2

Registration of South Salmara P.S. Case No.35/2024 on the basis of an FIR lodged by one SI Karan Meena, 49 BN BSF, following a tip off on 12.02.2024 regarding movement of 18/20 cattle allegedly to be smuggled to Bangladesh; miscreants fled from an EFC boat near Berabhangachar.
Applicant apprehending arrest in the said case filed this application under Section 482 of the BNSS, 2023; by order dated 11.11.2024 the Court granted interim pre-arrest bail, pursuant to which the applicant appeared before the IO on 16.11.2024.

View full history

Bench / Coram

Robin Phukan

Parties & counsel