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2025 DAILYLAW 11586 (GAU)

MD GAFUR ALI SK @ GAFUR ALI SHEIKH v. THE STATE OF ASSAM

Bail Appln./1367/2025 · 2025-05-01

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010090422025 2025:GAU-AS:5398 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1367/2025 MD GAFUR ALI SK @ GAFUR ALI SHEIKH S/O LATE JASHIMUDDIN SK. @ JASIM UDDIN SHEIKH, VILL- SHIMULTAPU P.G.R.P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM, PIN-783361 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, P DEY,MD A RAHMAN,MS SURAYA RAHMAN,MR A W AMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 02.05.2025 Heard Mr. A. Mishra, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of BNSS, praying for grant of regular bail to the accused/petitioner, who is languishing in jail hazot in connection with Gossaigaon P. S. Case No. 45/2025, registered under Sections 325/3(5) of BNS, read with Section 13(1) of Assam Cattle Preservation Act, 2021. 3. It is submitted by the learned counsel for the petitioner, Mr. Mishra, that the present petitioner is no way connected to the alleged offence, as the alleged slaughtering took place on 30.03.2025, whereas the petitioner was arrested on 15.04.2025 with 20 kgs of beef meat, which he had purchased from West Bengal to take to his hometown for personal consumption. Since his arrest, he has been in custody. He further submits that the Investigating Officer got sufficient time to interrogate the petitioner while he was in custody, and therefore, no custodial interrogation is required in the interest of the investigation. 4. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, has submitted that it is a fact that the FIR was lodged after the alleged illegal slaughtering done on 30.03.2025, and the accused/petitioner was arrested on 15.04.2025 with 20 kgs of meat. Accordingly, at this stage, he has insisted on calling for the case diary to ascertain the actual facts of the case. 5. Considering the submissions of learned counsels of both sides and also considering the nature of offence, I find that custodial interrogation of the present accused/petitioner is not necessary in this case and therefore, I find it a fit case to Page No.# 3/3 grant the privilege of regular bail to the accused/petitioner. 6. 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 Sub-Divisional Judicial Magistrate (M), Gossaigaon, the accused/petitioner, namely, Md. Gafur Ali Sk @ Gafur Ali Sheikh, be enlarged on bail, subject to the following conditions: (i) 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 7. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant