Page No.# 1/4 GAHC010270882024 2025:GAU-AS:1813 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3335/2024 ASHADUL ISLAM AND ANR S/O HAJRAT ALI, RESIDENT OF KASUABARI JHARGAON, PO JHARGAON, MORIGAON, ASSAM 2: RIYAJ UDDIN S/O MOKBUL HUSSAIN RESIDENT OF VILLAGE MORISUTI PAM KURANIBORI DIST MORIGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : M. HOSSAIN, MR. ABU LAISE Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20-02-2025 Heard Mr. M. Hossain, learned counsel for the petitioners and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam. Page No.# 2/4 2. Apprehending their arrest, the petitioners, namely, (1) Ashadul Islam, son of Harjat Ali, resident of Village- Kasuabori Jhargaon, P.O.- Jhargaon, Morigaon and (2) Riyaj Uddin, son of Mokbul Hussain, resident of Village- Morisuti Pam, Kuranibori, District-Morigaon have filed this application under Section 482 BNSS, 2023 seeking pre-arrest bail in Sonapur Police Station Case No.240/2024 corresponding to G.R. No. 3250/2024 registered under Sections 303(2)/317(2) BNS, read with Section 11(1)(a)(b)(d) of the Prevention of Cruelty to Animals Act, 1960, read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021. 3. While two trucks bearing Registration Nos. AS-01-RC-6074 and AS-01-SC- 4910 were found to be transporting cattle from Nagaon side to Meghalaya via Sonapur, both the trucks were intercepted during a Naka Checking at NH-37 in front of District Hospital, Sonapur around 07:40 am on 09.12.2024. From both the trucks total 56 numbers of live cattle, 28 in each of the trucks were found, by which those cattle were to be transported illegally without any valid permit from the competent authority to the State of Meghalaya or elsewhere. As those 56 cattle were suspected to be stolen, both the trucks along with the 56 cattle were seized. But, on being intercepted, the drivers of both the trucks managed to flee away by parking them in the roadside. During search of the both the trucks, it was found that the 28 numbers of live cattle in each truck were kept without sufficient space, causing extreme distress and cruelty to the animals they were being transported in an inhuman manner, violating the provisions of animal cruelty laws. Accordingly, FIR of the case was lodged on 09.12.2024 before the Officer-in-Charge of Sonapur Police Station and Sonapur P.S. Case No.240/2024 corresponding to G.R. No. 3250/2024 under Sections 303(2)/317(2) BNS, read with Section 11(1) (a)(b)(d) of the Prevention of Page No.# 3/4 Cruelty to Animals Act, 1960, read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021 was registered. 4. In the case in hand, the petitioner No.1, Ashadul Islam, son of Harjat Ali was arrested by police in said Sonapur P.S. Case No.240/2024 and as such this pre-arrest bail application was not pressed on behalf of the said petitioner No.1 (Ashadul Islam). 5. By order dated 03.01.2025, the Court granted interim pre-arrest bail to the petitioner No.2, Riyaj Uddin, son of Mokbul Hussain in said Sonapur P.S. Case No.240/2024, pursuant to which he appeared before the concerned Investigating Officer of said Sonapur P.S. Case No.240/2024 on 04.01.2025. 6. Perused the case diary placed before the Court today by Mr. Parashar, learned Addl. PP. 7. Case diary reveals that the petitioner was asked to submit the original receipts Nos. 31, 32, 33, 34, 35, 36 and 37 pertaining to the purchase of those live cattle which he had allegedly purchased from Balimukh market. 8. Case diary also reveals that the petitioner was asked to appear before the concerned Investigating Officer of the case with the relevant documents of purchasing of such cattle by him that were seized in said Sonapur P.S. Case No.240/2024, but he did not appear before the concerned Investigating Officer on the subsequent dates. 9. The petitioner told the Investigating Officer that he had sold his land and purchased those cattle at Rs.8,00,000/-. As such, the concerned Investigating Officer asked him to place the land sale document. But he did not appear before the Investigating Officer and also did not place the land sale document. 10. From the case diary it is seen that the concerned Investigating Officer Page No.# 4/4 visited the Balimukh Market authority to verify the receipts Nos. 31, 32, 33, 34, 35, 36 and 37 allegedly issued by it for purchasing of the cattle by the petitioner. During such investigation, it was found that those receipts did not contain the name of the seller and purchaser and the authorities of Balimukh Market Committee clearly indicated that no such cattle were sold by those receipts from the said market. 11. Considering such materials in the case diary, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioners, named above, in said Sonapur P.S. Case No.240/2024. 12. Accordingly, this pre-arrest bail application of the petitioner No. 2, namely, Riyaj Uddin, son of Mokbul Hussain in said Sonapur P.S. Case No.240/2024 stands rejected. 13. The interim pre-arrest bail granted earlier by this Court on 03.01.2025 to the petitioner No.2, Riyaj Uddin, son of Mokbul Hussain in said Sonapur P.S. Case No.240/2024 is hereby recalled/stands vacated. 14. Return the case diary. JUDGE Comparing Assistant