Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010080852025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1211/2025 RIDAY MUSHAHARY SON OF JAGADISH MUSHAHARY VILL- RAMDEO, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM, PIN-783360 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A W AMAN, MD A RAHMAN,P DEY,MS SURAYA RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
08/05/2025 Heard Mr. A W Aman, learned counsel for the petitioner, Riday Mushahary, who has filed this application under Section 483 of BNSS, 2023, with prayer for bail, as he is behind bars since 02.04.2025 in connection with Serfanguri P.S. Case No. 12/2025 under Sections 303(2)/3(5) of BNS, 2023 read with Section 11(1) of the Prevention of Cruelty to Animals Act, 1960 read with Sections 13(1)/14 of Assam Cattle Preservation Act, 2021.
2. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam, who has raised
Page No.# 2/2 serious objection stating that the petitioner is a history-sheeter and he was earlier arrested in connection with Gossaigaon P.S. Case No. 41/2025 under Section 303(2) of BNS read with Section 11(1)(a)(d)(h) of the Prevention of Cruelty to Animals Act, 1960.
3. I have considered the submissions at the bar with circumspection and I have also scrutinized the case diary. It is true that the petitioner has been shown arrested in connection with this case. However, I have considered the progress of investigation and the length of detention. It appears that the petitioner may be granted bail.
4. Considering all aspects, the petitioner is hereby enlarged on bail on furnishing a bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar under the conditions that – (i) the petitioner shall refrain from such activities, with which he is arrested; and (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation.
5. On breach of any of the bail conditions, the Court is at liberty to immediately cancel the bail granted to the petitioner.
6. In terms of the above observation, this bail application stands disposed of.
7. Send back the case diary.
JUDGE Comparing Assistant