Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010089442025
2025:GAU-AS:5689
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1322/2025 MAJEN ALI SK S/O LT. MAGAL ALI SK R/ODURAMARI P.S.KOKRAJHAR DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, H G DAISY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 08.05.2025
Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent.
Page No.# 2/3 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 Gossaigaon P.S. Case No. 37/2025, under Sections 303(2)/317(2)/3(5) of BNS read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021 read with Section 11(1)(a)(d)(h) of the Preservation of Cruelty to Animal Act, 1960.
It is submitted by Mr. Ahmed, learned counsel for the petitioner, that the present accused/petitioner got arrested in connection with this case on 10.04.2025 and since then, he is in custody and thus, the I.O. got sufficient opportunity to interrogate him keeping him in custody and hence, his further custodial interrogation may not be necessary for the interest of investigation.
In this context, Mr. Goswami, learned Additional Public Prosecutor, raised objection and submitted that as per the allegations, 3 (three) numbers of cows were stolen by the 3 (three) accused persons. But the matter is still under investigation and accordingly, he insisted on calling for the Case Diary.
Considering the submissions of learned counsels for both sides, without going into the detail of the merit of the case and only considering the length of detention already undergone by the present accused/petitioner, I am of the view that the I.O. has got sufficient opportunity to interrogate the present accused/petitioner keeping him in custody and hence, 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
Page No.# 3/3 satisfaction of the learned Chief Judicial Magistrate, Kokrajhar, the accused/petitioner, namely, Majen Ali 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 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