Md. Faruk vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. M. Khan, learned counsel for the petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent State of Assam.

By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Md. Faruk has approached this Court seeking the

benefit of pre-arrest bail, apprehending his arrest, in connection with Merechar Police Station Case no. 142/2020 registered under Sections 379/429,

Indian Penal Code (IPC) read with Section 11(d)(e) of Prevention of Cruelty to Animal Act.

In the First Information Report (FIR) lodged on 26.12.2020, it has been alleged that a container truck bearing registration no. PB-03/AY-2169 was

found in an abandoned condition at Southern side of Sontoshpur Bharalipara market under Merechar Police Station, District â€" Bongaigaon. When

the police personnel opened the said container truck, 18 (eighteen) nos. of buffalos were found in dead conditions inside it. A case was registered on

the suspicion that the 18 nos. of buffalos were stolen ones.

Mr. Khan has submitted that the petitioner is the registered owner of the said container truck wherein the buffalos were transported. It is his

submission that the buffalos were transported by the driver and the handyman of the truck without his knowledge and the petitioner was not involved

in the act of transportation of the said container truck. He has further submitted that the learned trial court has already given custody of the container

truck in his favour he being the registered owner said truck. It is further submitted by him that those buffalos were purchased by one Anowar Hussain

of West Bengal and it was at the instruction of Anowar Hussain, those buffalos were carried to Assam. The container truck met with an accident on

its way and as a result of the said accident, all the buffalos died.

Learned Additional Public Prosecutor has submitted that he has received the concerned case diary. He has submitted, on the basis of the materials

available in the case diary collected during the investigation carried out so far, that the materials in the case diary indicate that one Kartik Das was the

driver and Md. Shaheb Ali was the handyman of the said container truck. Both of them i.e. Kartik Das and Md. Shaheb Ali were arrested during the

course of investigation. In so far as the origin of the dead buffalos are concerned, it is his submission that investigation is in progress to find out as to

whether the buffalos were purchased in a genuine manner or they were stolen ones.

I have considered the submissions of the learned counsel for the parties and taken note of the materials available in the case diary, as referred to by

the learned Additional Public Prosecutor, which is available with him.

On a query, it is submitted by the learned Additional Public Prosecutor that no materials so far have been collected as regards theft of 18 nos. of

buffalos and linking any such theft with the petitioner till date. The case was registered on 26.12.2020 and more than 6 months have elapsed. But till

date, no materials have been collected by the investigating agency suggesting involvement of the petitioner with regard to the 18 nos. of buffalos. In

such view of the matter, this Court is of the considered view that custodial interrogation of the petitioner appears not necessary for the purpose of

carrying out investigation and his release on pre-arrest bail, at this stage of investigation, is not likely to cause any prejudicial effect in the further

investigation of the case provided he extends his assistance and co-operation in the further investigation of the case.

Accordingly, it is provided that in the event of arrest of the petitioner viz. Md. Faruk in connection with Merechar Police Station Case no. 142/2020 he

shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount, to the satisfaction of the arresting authority

subject to the conditions that :

[i] the petitioner shall appear before the Investigating Officer (I.O.) of the case within 10 (ten) days from today to record his statement and shall

cooperate with the investigation;

[ii] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer;

[iii] the petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the

police; and

[iv] the petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission

of which he is suspected.

The bail application stands disposed of in the aforesaid terms.