GOUTAM BASAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this petition under Section 439 of the CrPC, petitioner Goutam Basak who is in custody since 22.12.2020, has prayed for releasing him on regular bail in connection with the Gobardhana P.S. Case No.193/2020, (corresponding to G.R. No.1555/2020), registered under Sections 289/308/429 of the IPC, read with Section 11(1)(c)(i) of the Prevention of Cruelty to Animals Act.

(2.) Heard learned counsels for both sides and perused the record and the case diary produced.

(3.) The matter relates to cruelty upon the animals (five dogs) by throwing acid, resulting the death of one dog and four are in serious condition. It is submitted by the learned counsel for the petitioner that Section 308 of the IPC is not applicable in the present case and rest of the offences are bailable.