Gauhati High Court
Md. Abdul Mazid vs The State Of Assam on 2 July, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010091332020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1627/2020
1:MD. ABDUL MAZID
S/O LATE ABDUL AZIZ, R/O VILL-DOLBARI, P.O.-SOLMARI, P.S.-
MORIGAON, DIST-MORIGAON, ASSAM, PIN-782104
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. M P CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 02-07-2020 Heard Mr. M.P. Choudhry, learned counsel appearing for the accused-petitioner and Mr. H. Sarma, learned Additional Public Prosecutor, Assam for the State.
By this application under Section 438, Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioner viz. Md. Abdul Mazid has prayed for pre-arrest bail, apprehending his arrest, in connection with Morigaon Police Station Case No. 352/2020 (Corresponding to G.R. Case No.1691/2020), registered for offences under Sections 379/ 420, Indian Penal Code (IPC) read with Section 11 (1)(i), Prevention of Cruelty to Animals Act, 1960.
In the First Information Report (FIR) lodged on 17.06.2020, the informant has alleged theft of Page No.# 2/2 two cows from the shed located in his premises. It is further alleged that on being searched, he alongwith the members of the Village Defence Party(VDP) could recover the mortal remains of the cows from the house of the petitioner.
It is projected on behalf of the petitioner, on the basis of the documents annexed to this petition, that the petitioner is the age group of 60-65 years and he is partially blind as his left eye is completely dysfunctional.
Upon due consideration of the nature and gravity of the allegations and the age and status of the accused-petitioner, in the back drop of the prevailing situation due to Covid-19 pendemic, it is provided, in the interim, that in the event of arrest of the accused-petitioner in connection with Morigaon Police Station Case No. 352/2020, he shall be released on bail of Rs. 10,000/- with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:-
1. The accused-petitioner shall appear before the Investigating Officer of the case within 15 days from today and record his statement;
2. The accused-petitioner shall not hamper with the investigation or temper with the evidence of the case;
3. The accused-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; and
4. The accused-petitioner shall not leave the jurisdiction of Morigaon Police Station without prior permission from the I.O. concerned.
List the matter for production of case diary on 03.08.2020.
Let a copy of this order be issued to the learned counsel for the petitioner under signature of the Court Master.
JUDGE Comparing Assistant