Bail Appln./4584/2023 of MD ROFIQUL ISLAM Vs THE STATE OF ASSAM on 22 December 2023

Arguments

ORDER

Heard Mr. D.M.Khan, learned counsel for the petitioner. Also heard Mr. K.K.Das, learned Additional Public Prosecutor for the State.

2. By this application under Section 439 Cr.P.C., the petitioner namely, Md.

Rafiqul Islam seeking regular bail in connection with Sonapur Police StationCase No. 256/2023 (corresponding to G.R. Case No. 8654/2023), registeredunder Sections 379/411 IPC read with Sections 11(a) (b) (d) of The Preventionof Cruelty to Animals Act, read with section 13(i)/14 of Assam CattlePreservation Act. The petitioner is in custody in connection with theaforementioned case since 22.11.2023.

3. The learned Additional Public Prosecutor has produced the case diary andhas opposed the prayer for bail.

4. Case diary reveals sufficient incriminating materials against the accusedpetitioner on transporting cattle without any authorized permit and without anysupporting documents. Moreover, the Investigating Officer is also suspecting thepetitioner to be involved in the several other cases of similar nature.

5. Be that as it may, the petitioner has already been in custody for last30(thirty) days and it appears that his statement is also been recorded and thecattle in the truck were also been seized. Therefore, the Court is of theconsidered opinion that further custodial interrogation of the accused petitionermay not be necessary and is inclined to grant the bail to the accused petitioner.

6. Accordingly, it is provided that the accused petitioner namely, Md. RafiqulIslam, shall be released on bail in connection with Sonapur Police Station CaseNo. 256/2023 (corresponding to G.R. Case No. 8654/2023), registered underSections 379/411 IPC read with Sections 11(a) (b) (d) of The Prevention ofCruelty to Animals Act, read with section 13(i)/14 of Assam Cattle PreservationAct, on furnishing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) only with asuitable surety of the like amount, to the satisfaction of learned Elaka Magistrate, Kamrup (M) Guwahati.

7. The direction for bail is further subject to the following conditions that theaccused-petitioner:

(a) shall not leave the territorial jurisdiction of learned Elaka Magistrate,without prior written permission from him/her; (b) shall not hamper with the investigation, or tamper with the evidence ofthe case;

(c) shall not, directly or indirectly, make any inducement, threat orpromise to any person acquainted with the facts of the case so as to dissuadehim from disclosing such facts to the Court or to any police officer.

(d) shall appear before the Investigating Police Officer as and when called upon by the Investigating Police Officer, till the investigation of the case iscompleted. In the event, if the Investigating Police Officer finds that thepetitioner is involved in any other similar nature of offence then it is open to theI.O to move the concerned jurisdictional Court to cancel the bail prayer of thepetitioner.

8. In terms of the above, this bail application stands disposed of.

Return the case diary.

JUDGE

Comparing Assistant