Page No.# 1/4 GAHC010103872025 2025:GAU-AS:6950 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1646/2025 ABDUL HAI SK @ ABDUL HEIGH SK @ ABDUL HAI SEKH S/O- MOHAMMAD SK @ MAHAMMAD SEKH. VILL.- PURBA FALIMARI, P.S.- BOXIRHAT, DIST.- COOCHBEHAR (WEST BENGAL), PIN- 736131 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : A W AMAN, MR. SURAJIT DAS,MD A RAHMAN,SAMIM RAHMAN,MS SURAYA RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 29/05/2025 Heard Mr. A Mishra, learned counsel for the petitioner and Mr. D P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioner, namely, Abdul Hai Sk @ Abdul Heigh Sk @ Abdul Hai Sekh, son of Mohammad Sk @ Mahammad Sekh, resident of Village-Purba Falimari, P.S. Boxirhat, District- Coochbehar (West Bengal), has filed this application under Section 483 of BNSS, 2023, on 15.05.2025, praying for his bail in Gossaigaon Police Station Case No. 57/2025 registered under Sections 325/3(5) of BNS, 2023 read with Sections 13(1) of Assam Cattle Preservation Act, 2021 corresponding to G.R. No. 63/2025, wherein he was arrested on 05.05.2025 and is in custody since then. 3. As per the FIR dated 03.05.2025 lodged before the Officer-in-Charge of Gossaigaon Police Station, the case is that on receipt of reliable information on the night of 03.05.2025 and 04.05.2025 that some persons are illegally slaughtering cattle at Burichatam No. 1, police personnel from Sapkata Outpost under Gossaigaon Police Station proceeded to the place of occurrence and found some persons inside a bamboo garden near the house of one Shofikul Islam. Seeing police personnel, people gathered at the place of occurrence fled away taking the advantage of darkness. However, police could apprehend one Aynuddin Sheikh, son of late Tahid Miya of Village No. 2 Burichatam, P.S. Gossaigaon along with the present petitioner and recovered one skull of the suspected cattle (bull) and two nos. of big sized dao along with one small sized dao. The petitioner along with the said arrested accused Aynuddin Sheikh was brought to the police station and thereafter, he was taken into custody. Accordingly, said FIR was registered as Gossaigaon P.S. Case No. 57/2025 under Sections 325/3(5) of BNS, 2023 read with Sections 13(1) of Assam Cattle Preservation Act, 2021 corresponding to G.R. No. 63/2025. 4. The petitioner was arrested on 05.05.2025 and was produced before the Court of learned Sub-Divisional Judicial Magistrate (M), Gossaigaon and since then he is in custody. 5. Perused the case diary placed before the Court by Mr. Goswami, learned Additional Public Prosecutor, Assam. 6. Though, the concerned Investigating Officer by its communication dated 27.05.2025 objected Page No.# 3/4 the bail of the petitioner stating various reasons, but those were found to be similar as that of the bail objection submitted before the Court of learned Sub-Divisional Judicial Magistrate (M), Gossaigaon on 05.05.2025. 7. Further, from the case diary, it is seen that the investigation is only upto 06.05.2025 and there was nothing to support the contention of the concerned Investigating Officer submitting his bail objection in his communication dated 27.05.2025 in the case diary placed before the Court. 8. After hearing the learned counsels for the parties and considering the materials in the case diary, the Court is of the view that further custodial detention of the petitioner, named above, is not warranted to investigate the said Gossaigaon P.S. Case No. 57/2025. As such, this bail application of the petitioner in said Gossaigaon P.S. Case is accepted. 9. Accordingly, the petitioner, namely, Abdul Hai Sk @ Abdul Heigh Sk @ Abdul Hai Sekh, son of Mohammad Sk @ Mahammad Sekh, be released on bail in said Gossaigaon Police Station Case No. 57/2025 registered under Sections 325/3(5) of BNS, 2023 read with Sections 13(1) of Assam Cattle Preservation Act, 2021 corresponding to G.R. No. 63/2025, on furnishing a bail bond of Rs.50,000/- with 2 (two) local sureties each of the like amount to the satisfaction of the learned Sub- Divisional Judicial Magistrate (M), Gossaigaon, on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Gossaigaon P.S. Case No. 57/2025 as and when he is required for necessary investigation of said Gossaigaon P.S. Case; (ii) shall not leave the territorial jurisdiction of Gossaigaon Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) 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 them from disclosing such facts to the Court or to any police officer; and (v) shall not involve himself in any criminal activities in future. 10. Violation of any of the aforesaid terms and conditions by the petitioner, Abdul Hai Sk @ Abdul Heigh Sk @ Abdul Hai Sekh, the bail granted to him in the aforesaid Gossaigaon P.S. Case No. 57/2025 shall stand automatically vacated. Page No.# 4/4 11. Accordingly, this bail application stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant