Page No.# 1/3 GAHC010212622023 2025:GAU-AS:1695 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3243/2023 JUAL ALI @ JUWEL AL S/O HAMID ALI , R/O . BANIAMARI PART -11 P.S. GOLAKGANJ, DISTRICT DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM . Advocate for the Petitioner : MR S RAHMAN, MS. S PHUKAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 17-02-2025 Heard Mr. S. Rahman, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner, namely, Jual Ali @ Juwel Ali, son of Hamid Ali, resident of Baniamari Part-II, Police Station-Golokganj, District-Dhubri has filed this application under Section 438 CrPC seeking pre-arrest bail in Gauripur Police Station Case No. 309/2023 corresponding to G.R No. 1282/2023 registered under Sections Page No.# 2/3 279/304(A)/427/379/411 IPC, read with Section 13(1) of the Assam Cattle Preservation Act, 2021. 3. The Court by order dated 21.09.2023 granted interim bail to the petitioner, named above, in said Gauripur P.S. Case No. 309/2023, pursuant to which, he appeared before the concerned Investigating Officer of said Gauripur P.S. Case No. 309/2023 and his statement was recorded by the concerned Investigating Officer of the case. 4. Mr. Sarma, learned Addl. PP, has placed the case diary before the Court today and submitted that the petitioner misrepresented before the concerned Investigating Officer of the case, stating that someone else was driving the vehicle involved in the road traffic accident relating to the case. But, the other independent witnesses, in their statements, so far recorded by the concerned Investigating Officer of the case, implicating the petitioner that he was driving the offending vehicle. 5. On being enquired, Mr. Sarma, learned Addl. PP submitted that the case diary indicates that there was a motor vehicle accident, in which, a person expired due to the said road traffic accident. Mr. Sarma, from the case diary also submitted that excepting the same, the case diary does not indicate about any other criminal antecedents against the petitioner in the case diary relating to the said incident. 6. Considering the materials in the case diary, the Court is of the view that custodial detention of the petitioner is not warranted for further investigation of said Gauripur P.S. Case No. 309/2023. 7. Accordingly, the interim pre-arrest bail granted to the petitioner, namely, Jual Ali @ Juwel Ali, son of Hamid Ali earlier on 21.09.2023 in said Gauripur P.S. Case No. 309/2023 corresponding to G.R No. 1282/2023 registered under Sections 279/304(A)/427/379/411 IPC, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, is hereby made absolute, subject to the compliance of the terms and conditions as specified in the order dated 21.09.2023 and on compliance of the following conditions that the petitioner – (i) shall appear before the concerned Investigating Officer of said Gauripur P.S. Case No. 309/2023 as and when he is required for necessary investigation of said Gauripur Police Station Case; (ii) shall not leave the jurisdiction of Gauripur Police Station Page No.# 3/3 without obtaining prior written permission from the concerned Investigating Officer of the Case and (iii) shall not indulge himself in any criminal activities in future. 8. Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 21.09.2023, noted above, by the petitioner, named above, the pre-arrest bail granted to him in said Gauripur P.S. Case No. 309/2023 shall stand automatically vacated. 9. This pre-arrest bail application accordingly stands disposed of to the extent above. 10. Return the case diary herewith. JUDGE Comparing Assistant