Accused-petitioners granted bail after 57 days in custody, as investigation unlikely to be completed within next 3 days.

ORDER

Date : 03-01-2022 Heard Mr. N Uddin, learned counsel for the petitioners. Also heard Mr.

BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent.

This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioners, namely, 1. Abdul Barek, 2. Taijuddin, 3. Md. Nekibur Rahma, 4. Babul Ali, 5. Joinal Ali @ Jaynal Ali, 6. Sahabuddin Ahmed @ Chahabuddin Ahmed and 7. Fulchan Ali, in connection with Barpeta Police Station Case No. 2390/2021 registered under Section 379 of the IPC read with Sections 11/12 of the Prevention of Cruelty to Animal Act, 1960.

Perused the case diary produced before this Court.

It has been submitted by Mr. Uddin, learned counsel for the petitioners that the petitioners were arrested and then produced before the learned court below on 06.11.2021 and as such, excluding the date of remand, they are in custody for 57 days, as on date.

As per the materials in the case diary, the accused-petitioners could not show any documents in respect of the cattle seized from their possession. However, at a later stage of investigation, the Investigating Police Officer has collected some documents to justify the ownership of the cattle by the petitioners. Whatever it may be, the fact remains that the accused-petitioners have been in custody for 57 days, as on date, excluding the date of remand.

The investigation is unlikely to be completed within the next 3 days.

Considering the above position, particularly the length of detention, the accused-petitioners are granted bail.

Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 20,000/- each with a suitable surety each of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Barpeta, Assam.

The direction for bail is further subject to the conditions that the accused-

petitioner:

(a) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Barpeta, Assam, without prior written permission from him;

(b) shall not hamper with the investigation, or tamper with the evidence of the case; and (c) 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 petition stands disposed of accordingly.

Return the case diary.

JUDGE

Comparing Assistant