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GAHC010150492024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1976/2024
RAFIQUL ISLAM
SO ABDUL KARIM
VILL- NICHUKA, P.O. BARPETA ROAD,
P.S. BARPETA ROAD, DIST. BARPETA, ASSAM, PIN- 781315
VERSUS
THE STATE OF ASSAM
TO BE REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. A MANNAF, MD A S ALI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 31.08.2024
Heard Mr. S. Munir, learned counsel appearing on behalf of Mr. A. Mannaf,
learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Additional
Public Prosecutor for the State respondent.
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This is an application under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 praying for grant of pre-arrest bail to the accused/petitioner, who
is apprehending arrest in connection with Golakganj P.S. Case No. 163/2024,
under Section 13(1) of the Assam Cattle Preservation Act, 2021 read with
Section 11 of the Prevention of Cruelty to Animals Act, 1960.
Case Diary has been received. Perused the same. Heard both sides.
It is submitted by Mr. Munir, learned counsel appearing on behalf of the
petitioner, that the present accused/petitioner is innocent and he is no way
involved in the alleged offence. It is a fact that the cattles were carried in a
vehicle, which may be more than the permissible limit. But the fact is that the
present petitioner has a Dairy Farm wherein the cattle were supplied and in that
context, he also had a Trade License and the permit was also issued by the
concerned Department. More so, he submitted that one certificate is also issued
by the Block Veterinary Officer, Bobardhana Block Veterinary Dispensary,
Gobardhana Block, Barpeta Road certifying that the present accused/petitioner
is a progressive dairy farmer and he also constructed dairy cattle shed to keep
the cattle in his farm. Mr. Munir further submitted that the present
accused/petitioner is the owner of the cattle and the owner of the truck is
already granted bail by this Court. However, he submitted that there might have
been cruelty on the cattle, but apart from that, he has not committed any such
offence as alleged in the F.I.R. He is ready and willing to co-operate with the
I.O. in the further investigation of this case if he is granted with the privilege of
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pre-arrest bail.
Mr. Borthakur, learned Additional Public Prosecutor, has submitted in this
regard that from the materials available in the Case Diary, it is seen that the
present accused/petitioner instructed his labour and handiman of the truck to
carry those cattle and they used to transport bulls and cows with a view to
transport the same to Bangladesh. Accordingly, Mr. Borthakur submitted that
there are sufficient incriminating materials against the present
accused/petitioner who used to transport the cattle to Bangladesh in the name
of his Dairy Farm.
After considering the submissions made by the learned counsels for both
sides and also on perusal of the documents placed on record, I find that the
present accused/petitioner may be given a chance to co-operate with the I.O. in
the further investigation of this case and therefore, I find it a fit case to extend
the privilege of pre-arrest bail to the accused/petitioner.
Accordingly, it is provided that in the event of arrest of the
accused/petitioner, namely, Rafiqul Islam, in connection with Golakganj P.S.
Case No. 163/2024, under Section 13(1) of the Assam Cattle Preservation Act,
2021 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960, he
shall be enlarged on pre-arrest bail on his executing a bond of Rs. 20,000/-
(Rupees twenty thousand) only with one surety of like amount to the
satisfaction of the arresting authority, subject to the following conditions:
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(i) that the petitioner shall fully co-operate with the investigation of the
case and shall appear before the Investigating Officer within 7
(seven) days from the date of order and as and when required in
connection with the investigation of the aforesaid P.S. Case; and
(ii) that the petitioner 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.
The anticipatory bail application stands disposed of in terms above.
The Case Diary be sent back.
JUDGE
Comparing Assistant