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2022 DIGILAW 1004 (GAU)

Ahadul Islam v. State of Assam

2022-09-09

DEVASHIS BARUAH

body2022
JUDGMENT : 1. Heard Ms. S.S. Zia, the learned counsel appearing on behalf of the Petitioner and Mr. B.B. Gogoi, the learned Additional P.P. appearing on behalf of the Respondent. 2. By this petition under Section 438 Cr.P.C. the privilege of interim pre-arrest bail which have been sought for by the Petitioner apprehending arrest in connection with Sonapur P.S. Case No.116/2022 registered under Section 120(B)/379/411 IPC read with Section 11(a)(b)(d) of Prevention of Cruelty of Animal Act, 2000, read with Section 13(1) of the Assam Cattle Prevention Act, 2021. 3. This Court vide an order dated 15.06.2022 had granted interim pre-arrest bail to the Petitioner subject to furnishing a bail bond of Rs.30,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the conditions stated therein. 4. It has been submitted by the learned Additional P.P. that the Petitioner has duly appeared before the Investigating Officer in terms with the said order. It has also been brought to the attention of this Court by the learned counsel for the Petitioner that in Criminal Appeal No.60/2022, the Court of the Additional Sessions Judge No.3, (FTC), Kamrup (M), Guwahati has granted the Zimma in respect to the Cattles in question involved in the instant case upon execution of a bond of Rs.40,000 each of the seized cattle and on furnishing of the original purchase receipts. It has been also submitted by the learned counsel appearing on behalf of the Petitioner that the Petitioner has already got the Zimma of the cattles in question in compliance to the judgment dated 22.08.2022 passed in Criminal Appeal No.60/2022. 5. Considering the above, this Court is of the opinion that the interim prearrest bail which has been granted vide the order dated 15.06.2022 can be made absolute on the same terms and conditions as it stood. 6. Accordingly, the instant application stands disposed of thereby making the interim pre-arrest bail dated 15.06.2022 absolute subject to the conditions hereinbelow. 1. The applicant shall appear before the Investigating Officer within one week for recording his statement and shall cooperate with the investigation of the case as and when necessary. 2. The applicant shall not leave the territorial jurisdiction of the learned CJM, Kamrup (M), Guwahati without prior permission of the Investigating Officer. 3. The applicant shall not hamper with the investigation of the case and tamper with the evidence. 4. 2. The applicant shall not leave the territorial jurisdiction of the learned CJM, Kamrup (M), Guwahati without prior permission of the Investigating Officer. 3. The applicant shall not hamper with the investigation of the case and tamper with the evidence. 4. The applicant shall provide assistance to the Investigating Officer as when required. 5. The applicant 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. 7. If the accused repeats any of the incident as has been alleged in the FIR dated 27.05.2022, the Investigating Officer shall be at liberty to file appropriate application for cancellation of the Bail. 8. The AB stands disposed of.