Allowed¶24

Nityananda Kaman v. the State of Assam

Gauhati HC15 May 2025AB/706/2025

Case brief

AI extract

What is this about?

Gauhati High Court; anticipatory/pre-arrest bail; Section 482 BNSS; interim bail made absolute on same terms; Morigaon P.S. Case No.63/2025; Sections 303(2)/317(2) BNS; Section 13(1) Assam Cattle Preservation Act; Section 11(1)(a)/11(1)(e)/11(1)(i) Prevention of Cruelty to Animal Act; cattle transportation in cruel manner; prior interception Mayong P.S. Case No. 134/2024 (16 cattle); petitioner as genuine purchaser with 30 challans and 12 money receipts; cooperation with Investigating Officer; Nityananda Kaman v. State of Assam; Mrs. Justice Mitali Thakuria; order dated 16.05.2025; application disposed of; Case Diary sent back.

What did the court decide?

Interim pre-arrest bail granted vide order dated 27.03.2025 made absolute on the same terms and conditions; the anticipatory bail application stands disposed of and the Case Diary is to be sent back.

Nityananda Kaman Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Interim pre-arrest bail granted vide order dated 27.03.2025 made absolute on the same terms and conditions; the anticipatory bail application stands disposed of and the Case Diary is to be sent back.

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Issue for consideration

Whether the accused/petitioner, apprehending arrest in connection with Morigaon P.S. Case No.63/2025, is entitled to pre-arrest bail under Section 482 of BNSS, and whether the interim pre-arrest bail already granted should be made absolute. +1 more

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Court's answer

The court allowed the prayer of the accused/petitioner and made absolute the interim pre-arrest bail granted vide order dated 27.03.2025, on the same terms and conditions.

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Ratio / Principle

The decision rested on the submissions of learned counsel for both sides, the materials available in the Case Diary and the conduct of the accused/petitioner, including his appearance before and cooperation with the Investigating Officer after obtaining interim bail.

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Detailed headnote1 paragraphs

Gauhati High Court (Mrs. Justice Mitali Thakuria), order dated 16.05.2025 in Case No. AB/706/2025 — Nityananda Kaman v. State of Assam. Application under Section 482 of BNSS for pre-arrest bail by a person apprehending arrest in Morigaon P.S. Case No.63/2025, registered under Sections 303(2)/317(2) of BNS, read with Section 13(1) of the Assam Cattle Preservation Act, read with Section 11(1)(a)/11(1)(e)/11(1)(i) of the Prevention of Cruelty to Animal Act, concerning transportation of 32 cattle in the same truck earlier intercepted in Mayong P.S. Case No. 134/2024 (16 cattle recovered). The petitioner claimed to be a genuine purchaser owning a firm, having produced 30 challans and 12 money receipts covering the purchase of 32 cattle, and had cooperated with the Investigating Officer after interim bail; the State disputed that the receipts reflected the purchase of 32 cattle. Considering the Case Diary materials and the accused's conduct, the court found it appropriate to allow the prayer and made the interim pre-arrest bail dated 27.03.2025 absolute on the same terms and conditions; the anticipatory bail application stood disposed of and the Case Diary was ordered sent back.

Page No.# 1/3

GAHC010062622025

2025:GAU-AS:6138

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

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Case No. : AB/706/2025

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NITYANANDA KAMAN

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S/O- LATE BHUBAN CHANDRA KAMAN, R/O- VILL- BILMUKH, POBILMUKH, PS- GHILAMARA, DIST- LAKHIMPUR, PIN- 787053, ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER

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16.05.2025

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Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

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2. This is an application under Section 482 of BNSS, praying for grant of prearrest bail to the accused/petitioner, who is apprehending arrest in connection with Morigaon P. S. Case No.63/2025, registered under Sections 303(2)/317(2) of BNS, read with Section 13(1) of the Assam Cattle Preservation Act, read with Section 11(1)(a)/11(1)(e)/11(1)(i) of the Prevention of Cruelty to Animal Act.

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3. The Case Diary has been received and I have perused the same.

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4. It is submitted by Mr. Islam, learned counsel for the petitioner, that the present petitioner is innocent and he is a genuine purchaser of the cattle. He owns a firm and is engaged in the business of purchasing cattle. He further submitted that he has already produced 30 challans along with 12 money receipts, through which he purchased 32 cattle from the market. It is also submitted that, after obtaining interim pre-arrest bail, the petitioner appeared before the IO and cooperated in the investigation of the case. He is ready and willing to extend his cooperation with the I.O. in the further investigation, if his interim pre-arrest bail order is made absolute.

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5. Mr. Borthakur, the learned Additional Public Prosecutor, submitted that the said truck was earlier intercepted by the police in connection with Mayong P.S. Case No. 134/2024, in which 16 cattle were recovered. However, in the present

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Page No.# 3/3

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case, 32 cattle were found being transported in the same truck in a very cruel manner. He further submitted that although the petitioner produced 12 money receipts, none of them reflects the purchase of 32 cattle, as claimed. It is, however, a fact that after obtaining interim pre-arrest bail, the accused/petitioner appeared before the I.O. and cooperated with the investigation.

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6. In this regard, Mr. Islam, learned counsel for the petitioner, submitted that from one money receipt, the petitioner had purchased 3 or 4 cattle, in some cases 2 cattle, and in others 1 cattle. Thus, collectively, the petitioner purchased the 32 cattle on the basis of the said 12 money receipts.

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7. After hearing the submissions of learned counsel for both sides and considering the materials available in the Case Diary, as well as the conduct of the accused/petitioner, I find it appropriate to allow the prayer made by the accused/petitioner. Accordingly, the interim pre-arrest bail granted to the accused/petitioner vide order dated 27.03.2025 is hereby made absolute, on the same terms and conditions

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

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9. The Case Diary be sent back.

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JUDGE

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Comparing Assistant

Nityananda Kaman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nityananda Kaman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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