Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 4 January, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010265402023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3984/2023
HAMIDUR RAHMAN AND 2 ORS
S/O- SHAHAJAHAN SK
2: HASAN ALI @ KANKATA
S/O- SHAHAJAHAN SK
3: ROFIQUE SK
S/O- HUDE SK
ALL ARE UNDER P.S- SUKCHAR
DIST- SOUTH SALMARA MANKACHAR
ASSAM
PIN-78312
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. L R MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 04.01.2024
Heard Mr. A.Z.Ahmed, learned counsel for the petitioners. Also heard Mr.B.B.Gogoi,
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learned Additional Public Prosecutor for the State.
This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail
by the petitioners, namely, 1. Hamidur Rahman, 2. Hasan Ali @ Kankata and 3.
Rofique Sk. in connection with Sukchar P.S. Case No. 239/2023 registered under
Sections 379/411/353/34 of the IPC r/w Section 13 (1) /16 of Assam Cattle
Preservation Act, 2021.
Case diary not received.
The allegation in the FIR reveals recovery and seizure of 6 Nos. of buffaloes from
the possession of the accused petitioners.
The learned counsel for the petitioners submits that 6 Nos. of buffaloes were
recovered and seized from the possession of the accused petitioners and the case was
registered under Section 13(1) /16 of the Assam Cattle Preservation Act and as per
Schedule of the Act, buffalo is not incorporated under the purview of the said section of
law. In support of his submission, the learned counsel relied on a case law in Criminal
Petition 601/2022 of this Court.
Learned Addl.P.P. on the other hand submits that case diary is not available.
Having heard learned counsel for the parties and on considering the nature of
allegation and also on perusal of FIR, it is seen that 6 nos. of buffalo were seized. I have
also perused the judgment of this court which reveals that buffalo is not incorporated in
the offence as alleged under Section 13 (1) of Assam Cattle Preservation Act in the
schedule of Act.
Considering the all aspects, interim pre-arrest bail is granted to the petitioners.
Accordingly, in the interim, it is provided that in the event of arrest of the
petitioners, named above, in connection with the above case, they shall be released on
interim pre-arrest bail, on furnishing bail bond of Rs.10,000/-each with one surety of
like amount to the satisfaction of the arresting authority, subject, of course, to the
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following conditions:
(i) That the petitioners shall appear before the Investigating Officer within 10
days;
(ii) That the petitioners shall not hamper or tamper with the investigation in any
manner;
(iii) That the petitioners 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/her
from disclosing such facts to the Court or to any police officer.
List on 23.01.2024 for production of case diary.
JUDGE
Comparing Assistant
