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2025 DAILYLAW 21236 (GAU)

ANSARUL HOQUE v. THE STATE OF ASSAM

AB/3147/2024 · 2025-04-09

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010253402024 2025:GAU-AS:4531 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3147/2024 ANSARUL HOQUE S/O ABDUL HASIM R/O RAJABARI P.S. NAGAON DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 10.04.2025 Heard Mr. F. Hoque, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State of Assam. By this petition filed under Section 482 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023, the petitioner, namely, Ansarul Hoque, has prayed for granting pre-arrest bail, apprehending arrest in connection with Tezpur P.S. Case No. 420/2024, under Sections 303(2)/317(2) of BNS Act, 2023 R/W Section 11 of the Prevention of Cruelty to Animals Act and R/W Section 13(1) of the Assam Cattle Preservation Act, 2021. Mr. F. Hoque, learned counsel for the petitioner submits that the petitioner has appeared before the Investigating Police Officer as per direction of this Court and his statement has already been recorded after he was granted interim protection. He has not misused the liberty granted to him; rather, he co-operates with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute. Ms. N. Das, learned Additional Public Prosecutor for the State submits that the petitioner may appear before the investigating officer as and when called for. It is also submitted that the statement of petitioner has already been recorded by the investigating officer. I have considered the submission made by the learned counsel for the parties and also perused the case diary. It appears that the petitioner has not misused the liberty granted to him while availing interim protection. It is directed to the petitioner to appear before the investigating officer as and when called for. Considering all, this Court is of the view that the petitioner deserves to be granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 17.12.2024, is made absolute on the same terms and conditions, as reflected. The petition stands disposed of accordingly. Page No.# 3/3 Return the case diary. JUDGE Comparing Assistant