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GAHC010125742024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1822/2024
NUR AMIN AND 8 ORS.
S/O TOMEZ ALI
R/O BAGULAMARI, P.S. AND DIST. DHUBRI, ASSAM
2: TOMEZ ALI
S/O MUSHER ALI
R/O BAGULAMARI
P.S. AND DIST DHUBRI
ASSAM
3: ROMEZ ALI
S/O AMZAD ALI
R/O BAGULAMARI
P.S. AND DIST. DHUBRI
ASSAM
4: SUKUR ALI SK.
S/O ROHIM ALI SK.
R/O NEWGHAT
P.S. AND DIST. DHUBRI
ASSAM
5: YASIN ALI
S/O FAKIRCHAND SK.
R/O NO. 2 HUDUMKHATA
P.S. GOSSAIGAON
DIST. KOKRAJHAR
ASSAM
6: MAZHABARUL SK.
S/O JOYNAL ABEDIN SK.
R/O SHIMULTAPU NO. III
P.S. GOSSAIGAON
DIST. KOKRAJHAR
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ASSAM
7: RAFIKUL ALAM
S/O ABDUL JALIL SK.
R/O JHAGRARPARA
PT.III
P.S. AND DIST. DHUBRI
ASSAM
8: JAMAN MUSFIKUR RAHMAN
S/O KHALILUR RAHMAN
R/O JHAGRAPARA PT.III
P.S. AND DIST. DHUBRI
ASSAM
9: JAHIRUL ISLAM
S/O PIN MOHAMMAD SK.
R/O GHIUMARI
P.S. AND DIST. DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MR A W AMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 28.06.2024
Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. B.B.
Gogoi, learned Additional Public Prosecutor for the State.
This application under section 439 of the Code of Criminal Procedure, 1973 has
been filed by the petitioners, namely, (1) Nur Amin, (2) Tomez Ali, (3) Romez Ali, (4)
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Sukur Ali Sk, (5) Yasin Ali, (6) Mazhabarul Sk (7) Rafikul Alam, (8) Jaman Musfikur
Rahman and (9) Jahirul Islam, who have been detained behind the bars since
15.06.2024 (for last 14 days) in connection with Gossaigaon P.S. Case No. 92/2024
under Sections 379/ 411/ 34 of the Indian Penal Code read with Section 13(1) of the
Assam Cattle Preservation Act, 2021.
The gist of accusation against the present petitioner in this case is that one
Sumon Gogoi, Sub-Inspector of Police lodged an FIR before the Officer-in-Charge of
Gossaigaon Police Station inter-alia, alleging that he received some secret information
from a reliable source that some unknown miscreants were transporting illegally and
the police reached the place and apprehended the accused person and seized 8
numbers of bulls.
The learned counsel for the petitioners has submitted that the bulls were
purchased from the cattle market of Gossaigaon and petitioners are in no way
involved with the offence alleged in the FIR and they have has been arrested for no
fault on their part.
On the other hand, learned Public Prosecutor has produced the case diary of
Gossaigaon P.S. Case No. 92/2024 and has submitted that the petitioners have failed
to produce the valid documents in support of purchase of bulls and have not
cooperated with the investigation.
I have considered the submissions made by learned counsel for both the sides
and perused the materials available on record including the case diary of Gossaigaon
P.S. Case No. 92/2024. It appears that the cattle in question are also seized and it also
appears that the petitioners are detained behind the bars for last 14 days
Considering the nature and gravity of offence alleged in this case and also considering
the fact that investigation has substantially progressed as well as the period of
detention already undergone by the petitioners, this court is of the view that further
custodial detention of the petitioners does not appear to be necessary for fair
completion of the investigation of Gossaigaon P.S. Case No. 92/2024.
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Hence, the above named petitioners are allowed to go on bail of Rs. 30,000/
(Rupees thirty thousand only) each with one surety each of like amount subject to the
satisfaction of the learned Sub-Divisional Judicial Magistrate, Gossaigaon with the
following conditions:
(i) That the petitioners shall not directly or indirectly make any
inducement, threat or promise to any person who may be acquainted with
the facts of the case, so as to dissuade such person from disclosing such
facts of the case before the Investigating Officer.
(ii) That the petitioners shall co-operate in the investigation.
This bail application is accordingly disposed of.
Send back the case diary.
JUDGE
Comparing Assistant