Page No.# 1/3 GAHC010074252025 2025:GAU-AS:6227 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/881/2025 CHAFIKUL ISLAM S/O AYNAL HOQUE VILL-GHORAMARA P.O. RAINARDABRI P.S.KOKRAJHAR, DIST. KOKRJHAR, BTR, ASSAM PIN-783370 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN, MR A.K. MOLLAH,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 19.05.2025 Heard Mr. M Hussain, 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, Chafikul Islam, son of Aynal Page No.# 2/3 Hoque, resident of village-Ghoramara, P.S.-Kokrajhar, District-Kokrajhar has filed this application under section 482 BNSS, 2023, seeking pre-arrest bail in Kokrajhar Police Station Case No. 36/2025 registered under Sections 303(2)/317(4) BNS, 2023 read with Sections 13(1)/16 of the Assam Cattle Preservation Act read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, corresponding to G.R. No. 62/2025. 3. As per the FIR dated 03.02.2025 lodged before the Officer-in-Charge of Kokrajhar Sadar Police Station, the case is that at around 3:00 AM on 01.02.2025 some unknown miscreants had stolen two nos. of calves/cows and illegally transported those in a Tata Indica Vista vehicle bearing Registration No. AS-19-E-8219. The informant later came to know that the petitioner is the owner of the said vehicle and he along with other miscreants had stolen the informant’s calves/cows. 4. Accordingly, said FIR dated 03.02.2025 was registered as Kokrajhar Police Station Case No. 36/2025 under Sections 303(2)/317(4) BNS, 2023 read with Sections 13(1)/16 of the Assam Cattle Preservation Act read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, corresponding to G.R. No. 62/2025. 5. According to the petitioner, he is not the owner of the said Tata Indica Vista vehicle bearing Registration No. AS-19-E-8219 and submitted that one Mokib Hussain Elahi, son of Joynal Abedin is the registered owner of the said vehicle involved in the case. 6. The Court by order dated 11.04.2025 granted interim pre-arrest bail to the petitioner in said Kokrajhar P.S. Case No. 36/2025. 7. Mr. K K Parashar, learned APP, Assam from the case diary has submitted that pursuant to the order of the Court dated 11.04.2025, the petitioner appeared before the concerned Investigating Officer of the case and his statement has already been recorded, before whom the petitioner admitted that he was involved in the said incident. Further, independent witnesses also implicated the petitioner pertaining to his involvement in the said incident. 8. As the vehicle involved in the case has already been seized, the stolen calves/cows have also been recovered and in the meanwhile, the statement of the petitioner has already been recorded by the concerned I.O. of the case, this Court is of the opinion that custodial detention of the petitioner is not warranted to investigate said Kokrajhar P.S. Page No.# 3/3 Case No. 36/2025. 9. As such, this pre-arrest bail application of the petitioner, Chafikul Islam, in said Kokrajhar P.S. Case No. 36/2025 is accepted. 10. Accordingly, the interim pre-arrest bail granted to the petitioner on 11.04.2025 in said Kokrajhar P.S. Case No. 36/2025 is hereby made absolute, subject to the compliance of the conditions as specified in the order dated 11.04.2025 passed earlier in this proceeding by the petitioner and also on compliance of the conditions that the petitioner - i) shall not leave the territorial jurisdiction of the Kokrajhar Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; ii) shall not hamper with the investigation, or tamper with the evidence of the case and iii) shall not involve himself in any criminal activities in the future. 11. Any violation of the aforesaid terms and conditions as well as the terms and conditions as specified in the order dated 11.04.2025, noted above, by the petitioner, Chafikul Islam, the pre-arrest bail granted to him in said Kokrajhar P.S. Case No. 36/2025 shall stand automatically vacated. 12. This pre-arrest bail application accordingly stands disposed of. 13. Return the case diary herewith. JUDGE Comparing Assistant