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2025 DAILYLAW 20890 (GAU)

AZIZUR RAHMAN v. THE STATE OF ASSAM

AB/3071/2024 · 2025-01-21

Malasri Nandi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010244132024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3071/2024 AZIZUR RAHMAN S/O MD NUR MOHAMAD ALI, R/O VILLAGE- CHUTIYAKARI, PS. NOTH LAKHIMPUR, DISTRICT LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K DAS, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 22.01.2025 Heard Mr. B. K. Das, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This application under Section 482 BNSS, is filed for granting the privilege of Page No.# 2/3 pre-arrest bail to the petitioner, namely, Azizur Rahman, apprehending arrest in connection with North Lakhimpur P.S. Case No. 292/2024 registered u/s 303(2) of the BNS Act, r/w sections 11(1) (d) of the Prevention of Cruelty to Animal Act-1960, r/w- section 13 (1) of the Assam Cattle Preservation Act, 2021. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 25.11.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. R. R. Kaushik, 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 25.11.2024 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. Page No.# 3/3 JUDGE Comparing Assistant