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2024 Supreme(Online)(GAU) 7875

HIGH COURT OF GAUHATI
Malasri Nandi, J
AMINUL ISLAM – Appellant
Versus
THE STATE OF ASSAM – Respondent
AB / 2316 / 2024



Advocates:
MR A K AHMED, MS F PARBIN, MS P KAKATI

The court grants pre-arrest bail subject to conditions, emphasizing the importance of cooperation with the investigation and non-interference with witnesses.

Headnote:(A) BNSS, 2023 - Section 482 - Prevention of Cruelty to Animals Act, 1960 - Section 11(1)(d) - Assam Cattle Preservation (Amendment) Act, 2021 - Pre-arrest bail application filed by the petitioner, the owner of a vehicle from which cattle were recovered - Petitioner seeks bail while the driver has been arrested and the vehicle returned to him. (Paras 1-2)

(B) Interim Protection - The court grants interim protection to the petitioner until a final decision is made on the case diary, subject to conditions of cooperation with the investigation and non-interference with witnesses. (Paras 3-4)

(C) Conditions imposed include appearance before the Investigating Officer and prohibition against dissuading witnesses. (Paras 5-6)

Findings of Court:
The court finds merit in granting interim bail considering the circumstances and the ownership of the vehicle.

Issues: The main issues were the legitimacy of the bail application and the conditions for granting pre-arrest bail.

Ratio Decidendi: The court ruled that the petitioner is entitled to interim protection until the case diary is reviewed, emphasizing the importance of cooperation with the investigation.

Result: Pre-arrest bail granted with conditions.

ORDER

03.09.2024 Heard Mr. A. K. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State.

This is an application filed under Section 482 of BNSS, 2023, praying for pre-arrest bail by the petitioner, namely, Aminul Islam, in connection with Basistha P.S. Case No. 587/2024, registered under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, R/W Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 , R/W Section 13(1)/16 of Assam Cattle Preservation (Amendment) Act, 2021.

Call for the case diary.

It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the vehicle bearing registration No. AS-21-SC-2814 from which 12 numbers of cattle were recovered and in support of his ownership, RC of the vehicle is submitted. It is also submitted that the driver of the vehicle has already been arrested. It is also submitted that the seized vehicle has already been given zimma in favour of the petitioner and prayed that pre-arrest may be granted to the petitioner.

On the other hand, Mr. B. Sarma, learned Additional Public Prosecutor for the State has submitted that the petitioner may be allowed to appear before the Investigating Officer to verify the documents.

I have considered the submissions made by the learned counsel for the parties.

Considering the submissions made by the learned counsel for the parties as well as the averments made in the petition, this Court is of the view that till a final decision is taken on perusal of the case diary, the petitioner above-named is granted the interim protection till the next date fixed.

Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with above mentioned case, he shall be released on furnishing bail bond of Rs.20,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority.

The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) 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.

List on 30.09.2024 for production of case diary.

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