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2025 DAILYLAW 8269 (GAU)

ANAR HUSSAIN v. THE STATE OF ASSAM

AB/457/2025 · 2025-05-19

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/3 GAHC010040752025 2025:GAU-AS:6317 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/457/2025 ANAR HUSSAIN S/O. NURUJJAMAN, R/O. VILL.-PUB-SUALANI, P/O. AMBAGAN, P/S. RUPAHI, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A DEKA, MR S DEWRI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.05.2025 Heard Mr. T. Laskar, learned counsel for the petitioner and Mr. K. K. Parashar, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending his arrest, the petitioner, namely, Anar Hussain, son of Nurujjaman, resident of village Pub-Sarania, Police Station-Rupahi, District-Nagaon has filed this application on 24.02.2025 under section 482 BNSS, 2023 praying for his pre-arrest bail in Doboka Police Station Case No. 203/2024, registered under Sections 303(2)/317(2) BNS, 2023 read with Page No.# 2/3 Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 read with Section 7(1) of the Assam Cattle Preservation Act, 2021. 3) The Court while calling for the case diary of said Doboka P.S. Case No. 203/2024 on 28.02.2025 granted interim bail to the petitioner, named above, which is in force till date, i.e., 20.05.2025. 4) As per the FIR of the case dated 09.12.2024, the case is that during Naka checking in the early morning of the intervening night of 08.12.2024 and 09.12.2024 (i.e., on 09.12.2024) around 4:12 A.M., a Bolero Maxx Pickup vehicle that was coming at a high speed from Sankardev Nagar side was asked to stop by the Police, but it did not stop and fled away towards Doboka and during the same, it met with an accident first by hitting the barricade and then at a tree nearby; during which, one of the traveller in said Bolero Maxx Pickup vehicle sustained injury. From the said vehicle, 5 (five) nos. of cattle were recovered along with the said injured person, but the other persons of the said vehicle fled away from the scene, taking advantage of the darkness. 5) The said FIR was accordingly registered as Doboka Police Station Case No. 203/2024 under Sections 303(2)/317(2) BNS, 2023 read with Section 11(1)(d) of Prevention of Cruelty to Animal Act, 1960 read with Section 7(1) of the Assam Cattle Preservation Act, 2021. 6) Petitioner is the owner of the said Bolero Maxx Pickup vehicle involved in said Doboka P.S. Case No. 203/2024. 7) Mr. Parashar, learned Additional Public Prosecutor, Assam from the case diary submitted that after obtaining interim bail, the petitioner appeared before the concerned Investigating Officer of said Doboka P.S. Case No. 203/2024 and his statement was accordingly recorded by the concerned Investigating Officer of the said case. 8) Mr. Parashar, learned Additional Public Prosecutor, Assam also submitted that while the petitioner was out of the State, his wife gave the said Bolero Maxx Pickup vehicle to one of the accused of the case, namely, Sakir Ahmed on his request. 9) Considering such materials in the case diary, the interim bail granted to the petitioner herein, namely, Anar Hussain, son of Nurujjaman on 28.02.2025 in said Doboka P.S. Case No. 203/2024 is hereby made absolute, subject to the compliance of the terms and conditions specified in the order dated 28.02.2025, passed earlier in the present proceeding. 10) With the above observations and directions, the prayer for pre arrest bail of the petitioner, Page No.# 3/3 named above, in said Doboka P.S. Case No. 203/2024 stands allowed. 11) Return the case diary herewith. JUDGE Comparing Assistant