Page No.# 1/3 GAHC010093872025 2025:GAU-AS:6250 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1420/2025 BANES ALI S/O- ROSTOM ALI, R/O- VILLAGE - PURBA FALIMARI, P.S.-BOXIRHAT, DIST.-COOCHBEHAR, WEST BENGAL, PIN-736131 (TO BE REPRESENTED BY HIS MOTHER IN LAW, NACHIRAN KHATUN, W/O- ALI HOSEN MANDAL, R/O- VILLAGE- PURBA FALIMARI, P.S.- BOXIRHAT, DIST.-COOCHBEHAR, WEST BENGAL PIN-736131 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. R ISLAM, T TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-05-2025 Heard learned counsel Mr. R. Islam for the petitioner Banes Ali, who has filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, Page No.# 2/3 2023 with prayer for bail as he is behind bars since 19.04.2025 in connection with Gossaingaon Police Station Case No. 52/2025 corresponding to G.R. No. 58/2025 under Section 325/3(5) of Bharatiya Nyaya Sanhita, 2023 read with Section 13(1) of the Assam Cattle Preservation Act, 2021. 2. The allegation against the petitioner is that he was involved in smuggling beef weighing 200 kgs. 3. Heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, who has raised objection stating that there are incriminating materials in the Case Diary against the petitioner. 4. It is submitted that the petitioner is innocent and he is not named in the FIR. It is submitted that he has been forwarded to custody on the basis of the statement of the co-accused. 5. I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. I have considered the submissions that the petitioner is willing to cooperate with the remaining part of investigation. 6. Considering all aspects, petition is allowed. 7. The petitioner is enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one local surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gossaingaon under the conditions that :- (i) the petitioner shall refrain from such activities with which he is alleged Page No.# 3/3 and, (ii) the petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation. 8. On breach of any of the bail conditions, the Trial Court is at liberty to cancel the bail granted to the petitioner. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant