Page No.# 1/4 GAHC010083272025 2025:GAU-AS:4828 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1220/2025 BHOLA MONDAL @ BHOLA SK, S/O MURTAJ ALI @ MURTISH ALI SHEIKH VILL- SUAPATA PART-II, P.O. SUAPATA P.S. CHAPAR DIST. DHUBRI, ASSAM PIN-783348 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, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 23.04.2025 Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the 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, under Section 303(2)/325 of BNS read with Section 13(1)/16 of Assam Cattle Preservation Act read with Section 11(1) of the Prevention of Cruelty to Animals Act, 1960. It is submitted by Mr. Hussain, learned counsel for the petitioner, that the present petitioner is in custody since 12.03.2025 including 9 (nine) days of police remand and thus, the I.O. got sufficient time for his custodial interrogation. Further he submitted that the co-accused, who was also arrested along with the present petitioner on the same day, had already been granted bail by this Court vide order dated 11.04.2025, passed in Bail Appln. No. 1137/2025, and considering the case of the present petitioner on the same footing, he may also be enlarged on bail on the ground of parity. He further submitted that the present petitioner is a permanent resident of his addressed locality and he will appear before the I.O. as and when his co-operation will be needed. He further submitted that at the time of his arrest, the petitioner was also not served with Notices under Sections 47 & 48 of BNSS, which is mandatorily required. Page No.# 3/4 Mr. Sharma, learned Additional Public Prosecutor, submitted in this regard that the present petitioner is very much involved in the alleged offence and from the Forwarding Report itself, it is seen that he was involved in the theft of cattle which was transporting without any valid license. Accordingly, he raised objection and submitted that the Case Diary may be called for to know the actual fact of the case. Considering the submissions made by learned counsels for both sides and also considering the other aspects of the case, I am of the view that further custodial interrogation of the accused/petitioner seems to be not necessary for the purpose of investigation and therefore, I find it a fit case to extend the privilege of bail to the present accused/petitioner. 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, Bhola Mondal @ Bhola Sk, 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 Page No.# 4/4 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