ALI HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application under Section 439 Cr.P.C., the accused-petitioners, namely, Ali Hussain and Moinul Hoque have sought for bail in connection with Gauripur Police Station Case No. 876/2019, registered under Section 379 IPC read with Section 11(1)(a)(d)(h) of the Prevention of Cruelty to Animal Act and added Section 120(B)/420 IPC and 25(1-A) Arms Act.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, appearing for the State. Also perused the materials on record and the case diary.

(3.) As per FIR, one truck was found while carrying 15 numbers of cows at the time of naka checking on 27.07.2019 and the persons fled away from the vehicle and the cows found in the vehicle were seized. The accused petitioner, Ali Hussain was arrested on 03.08.2020 and Moinul Hoque was arrested on 25.08.2020 after about one year of the incident without any specific ground as to how they were found involved with the offence alleged. By this time one of the accused has completed 59 days and other accused has completed 37 days behind the bar and such detention can be considered as against the offence under Section 420 IPC, statutory period is 60 days.