AMJAD ALI SK ALIAS AMZAD ALI SHEIKH v. THE STATE OF ASSAM
Bail Appln./1137/2025 · 2025-04-10
Mitali Thakuria
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10824 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10824 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010078482025
2025:GAU-AS:4645
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1137/2025 AMJAD ALI SK ALIAS AMZAD ALI SHEIKH S/O- LATE ANSAR ALI SHEIKH, R/O- DURAMARI , TABOR SAR, P.S- KOKRAJHAR, DIST-KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR N ZAMAN, MR R A AHMED,MS A HUSSAIN,R BEGUM,H G DAISY Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 11.04.2025 Heard Mr. J. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioner, who has been arrested in connection with Kokrajhar P. S. Case No. 72/2025, registered under Section 303(2)/325 of BNS read with Section 13(1)/16 of the Assam Cattle Preservation Act, read with Section 11(1) of the Prevention of Cruelty to Animal Act, 1960. It is submitted by the learned counsel for the petitioner, Mr. Ahmed, that the accused/petitioner has been behind bar since 12.03.2025 and thus, the Investigating Officer got sufficient opportunity to interrogate him while he was in custody. Accordingly, he prays for the release of the accused/petitioner on bail on the ground of length of detention. He further submits that the grounds of arrest were also not provided at the time of serving notice under Sections 47/48 of the BNSS, which is mandatorily required. The non-compliance with this requirement amounts to a violation of Articles 21 and 22(1) of the Constitution of India. On the other hand, Mr. Goswami, the learned Additional Public Prosecutor, submits that from the forwarding report, it is evident that the accused/petitioner was involved in the theft of cattle, and used to sell beef meat by illegally slaughtering the cows. However, considering his length of detention already undergone, he does not object to the prayer for bail. Page No.# 3/3 Having considered the submissions made by the learned counsels on both sides, and taking into account the length of detention already undergone by the accused/petitioner and without delving into the merits of the case, I am of the view that the I.O got ample opportunity to interrogate the accused/petitioner in custody.
Accordingly, further custodial interrogation does not appear to be necessary in this case Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar, the accused/ petitioner, namely, (i) Amjad Ali Sk. @ Amzad Ali Sheikh, be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the 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 (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Kokrajhar, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant