Custodial detention is not warranted for investigation when sufficient materials are available, warranting pre-arrest bail under specified conditions.

ORDER

13.03.2025

Heard Mr. M. Hussain, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State.

2) Apprehending his arrest, the petitioner, namely, Amjad Ali SK, son of Noser Ali Sheikh, resident of village-Duramari, Police Station- Kokrajhar, District-Kokrajhar has filed this application on 12.02.2025 under Section 482 BNSS, 2023 praying for his pre-arrest bail in Kokrajhar Police Station Case No. 06/2025, registered under Section 303(2) BNS, 2023, corresponding to G.R. No. 12/2025.

3) As per the FIR dated 06.01.2025 lodged before the Bishmuri Police Patrolling Party by the complainant, the case is that on the night of 05.01.2025 around 11:30 P.M., an unknown thief took away 2 (two) Nos. of cattle from his cowshed. On receipt of such information on the night of 05.01.2025 itself, police personnel from Bishmuri Police Patrolling Post recovered both the cattle from Duramari village, along with one white coloured Maurti Suzuki Espresso vehicle bearing registration No. AS-01-FY-3367.

4) The said FIR of the complainant was accordingly registered as Bishmuri P.P. GD Entry No. 80 dated 06.01.2025 and was forwarded to the Kokrajhar Police Station, wherein it was registered as Kokrajhar Police Station Case No. 06/2025 under Section 303(2) BNS, 2023.

5) Mr. B Sharma, learned Additional Pubic Prosecutor, Assam from the case diary submitted that on the prayer of the Investigating Officer of said Kokrajhar P.S. Case No. 06/2025, the learned Chief Judicial Magistrate, Kokrajhar by order dated 24.01.2025 added Sections 13(1)/16 of the Assam Cattle Preservation Act read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act. As such, said Kokrajhar P.S. Case No. 06/2025 is now registered under Section 303(2) BNS, 2023 read with Sections 13(1)/16 of the Assam Cattle Preservation Act read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act.

6) Mr. B Sharma, learned Additional Pubic Prosecutor, Assam from the case diary also submitted that the petitioner is a habitual offender and was earlier found involved in Serfangguri Police Station Case No. 18/2023, registered under Sections 120 (b)/353/379/511 IPC read with Section 13 of the Assam Cattle Preservation Act.

7) Mr. B Sharma, learned Additional Pubic Prosecutor, Assam also submitted that both the stolen cattle of the complainant were recovered from the said white coloured Maruti Espresso vehicle of the petitioner bearing registration No. AS-01-FY-3367.

8) It is seen that police have already seized the 2 (two) Nos. of cattle of the complainant and handed them over to him and also seized the vehicle of the petitioner bearing registration No. AS-01-FY-3367.

9) It is to be noted herein that the petitioner in this petition did not state that he is an accused in said Serfangguri Police Station Case No. 18/2023.

10) Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioner is not warranted for investigation of said Kokrajhar P.S. Case No. 06/2025. Therefore, this pre-arrest bail application of the petitioner in said Kokrajhar P.S. Case No. 06/2025 is accepted.

11) Accordingly, it is provided that in the event of arrest of the petitioner, namely, Amjad Ali SK, son of Noser Ali Sheikh, in said Kokrajhar P.S. Case No. 06/2025, he shall be released on bail, on furnishing bail bond of Rs. 75,000/- with 2 (two) local sureties, each of the like amount, one of which shall be a Government employee, either Central or State Government, to the satisfaction of the arresting authority, subject to the conditions that the petitioner – (i) shall appear before the concerned Investigating Officer of Kokrajhar P.S. Case No. 06/2025 on or before 20.03.2025 and thereafter, as and when he is required for necessary investigation of said Kokrajhar P.S. Case No. 06/2025; (ii) shall not leave the territorial jurisdiction of the Kokrajhar police station, without obtaining prior written permission from th