Habibur Rahaman v. The State of Assam

ORDER

20.11.2024 Heard Mr. T.Chutia, learned counsel for the petitioner as well as heard Mr. K. Baishya, learned Additional Public Prosecutor. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Habibur Rahman, apprehending arrest in connection with Sonapur P.S. Case No. 157/2024 registered u/s Page No.# 2/2 3(5)/303(2)/317(2) BNS, 2023 R/W Section 11(1)(a)(b)(d) of Prevention of Cruelty to Animal Act, R/W Section 13(1)/14 of Assam Cattle Preservation Act, 2021. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 25.10.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. Baishya, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated 25.10.2024 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required; and

(ii) That the petitioner 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. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010159032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2095/2024 HABIBUR RAHAMAN R/O VILL- NANGALADHOBA P.S. RUPAHI DIST. NAGAON, ASSAM 2: ESRAFIL ALI VILL- MARISUTIPAM P.S. MAYONG DIST. MORIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI