Page No.# 1/3 GAHC010112242025 2025:GAU-AS:8165 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1766/2025 ROSHIDUL ISLAM S/O MADAN ALI R/O VILL- 43 BARPATHAR, P.S. BONGAIGOAN, SUB-DIVISION- BONGAIGAON, DIST. BONGAIGAON, ASSAM, PIN- 783381. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN,T ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 19-06-2025 Heard Mr. A. K. Azad, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam. 2. The petitioner, namely, Roshidul Islam, son of Madan Ali, resident of Village-43 Barpathar, Police Station-Bongaigaon, Sub-Division-Bongaigaon, District-Bongaigaon, Assam has Page No.# 2/3 filed this application under Section 483 BNSS, 2023 on 23.05.2025 praying for his bail in Manikpur P.S. Case No. 47/2025 registered under Sections 303(2) BNS, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, corresponding to G.R. No. 191/2025, in which he was arrested on 14.05.2025 and is in custody since then. 3. As per the FIR dated 18.04.2025 lodged before the Gerukabari Police Outpost under the jurisdiction of Manikpur Police Station of District Bongaigaon, the case is that the owner of the vehicle bearing Registration No. AS-26-AC-1236 involved in the theft and smuggling of cattle and the said vehicle could be apprehended after a chase and from it three cows were recovered. The driver of the said vehicle fled away from the vehicle by parking it near Aai River at Jaraguri. Police personnel from Gerukabari Police Out post recovered the three cows. 4. Mr. Sharma, learned Addl. PP from the case diary submitted that the petitioner herein is the driver of the said vehicle bearing Registration No. AS-26-AC-1236 and was driving the said vehicle on the date of the incident. The other accused persons arrested in the case have also implicated the petitioner pertaining to his involvement in the alleged crime. 5. Since the cows have already been recovered and the concerned vehicle involved in the case have already been seized and considering the period of detention of the petitioner in custody since 14.05.2025, the Court is of the view that further custodial detention of the petitioner is not warranted for investigation of said Manikpur P.S. Case No. 47/2025. As such, this bail application of the petitioner in said Manikpur P.S. Case No. 47/2025 is accepted. 6. Accordingly, the petitioner, namely, Roshidul Islam, son of Madan Ali, shall be released on bail in Manikpur P.S. Case No. 47/2025, on furnishing a bail bond of Rs. 50,000/- with two local sureties of the like amount, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaigaon on conditions that the petitioner- (i) shall appear before the Investigating Officer of said Manikpur P.S. Case No. 47/2025 as and when he is required for necessary investigation of said Manikpur P.S. Case; (ii) shall not leave the territorial jurisdiction of the Manikpur 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; Page No.# 3/3 (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 with any criminal activities in future. 7. Any violation of the aforesaid terms and conditions by the petitioner, Roshidul Islam, the bail granted to him in the aforementioned Manikpur P.S. Case No. 47/2025 shall stand automatically vacated. 8. Bail application is accordingly stands allowed. 9. Return the case diary. JUDGE Comparing Assistant