Page No.# 1/3 GAHC010096482025 2025:GAU-AS:6251 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1476/2025 SHAHALOM ALI AND ANR S/O- KURMAN ALI. R/O- VILL- KAJAIKATA PT-V, P.S- BILASIPARA. DIST.- DHUBRI, ASSAM. 2: ABU BAKKAR SIDDIQUE @ BAKKAR ALI S/O- LATE ABDUL SK. R/O- VILL- KAJAIKATA PT-V P.S- BILASIPARA. DIST.- DHUBRI ASSAM VERSUS THE STATE OF ASSAM. REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M KHAN, MR S PRODHANI,MR Z RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19-05-2025 Heard learned counsel Mr. A.M. Khan for the petitioner Nos. 1. Shahalom Page No.# 2/3 Ali and 2. Abu Bakkar Siddique @ Bakkar Ali, who have filed this application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars since 17.04.2025 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 petitioners is that they were 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 petitioners. 4. It is submitted that the petitioners are innocent and they are not named in the FIR. It is submitted that they have been forwarded to custody on the basis of the statement of the co-accused. The petitioners have prayed for bail on the ground that further custodial detention is not required for the progress of investigation. 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 petitioners are willing to cooperate with the remaining part of investigation. I find force in the argument of the learned counsel for the petitioners. 6. Considering all aspects, petition is allowed. 7. The petitioners are enlarged on bail on furnishing a bail bond of Page No.# 3/3 Rs.30,000/- (Rupees Thirty Thousand) each with one local surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gossaingaon under the conditions that :- (i) the petitioners shall refrain from such activities with which they are alleged and, (ii) the petitioners 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 petitioners. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant