Page No.# 1/4 GAHC010120802025 2025:GAU-AS:9131 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1884/2025 SAHAJAHAN TALUKDAR AND ANR S/O INTAJ TALUKDAR, VILL- PANOWARI NO. 2 (PRESENT ADDRESS VILLAGE- ANTHAIBARI), P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM 2: AMIR HOSSAIN @ MD AMIR HOSSAIN SON PASHAN ALI VILL- GHONAPARA P.S. GOSSAIGAON DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,MS SURAYA RAHMAN,MR A W AMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.07.2025 1. Heard Mr. S. Nawaz, the learned counsel for the petitioners. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioners, namely, (1) Sahjahan Talukdar and (2) Amir Hossain@Md. Amir Hossain, who has been detained behind the bars since 27.05.2025 (for the last 50 days) in connection with Gossaigaon P.S. Case No. 65/2025, under Sections 303(2)/317(2)/3(5) of the BNS, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 15.05.2025, one Jadav Bharali, had lodged an FIR before the Officer-In-Charge of Simulutapu Police Outpost, under Gossaigaon Police Station, inter alia, alleging that on that day, at about 5:30 AM in the morning, some 22 numbers of cattle were found which were suspected to be smuggled. 4. The learned counsel for the petitioners has submitted that the petitioners are not involved in the offence alleged in the FIR. 5. Though it is alleged that the petitioner No. 1 was arrested on 26.05.2025 when he was smuggling 2(two) numbers of cattle for the purpose of slottery, however, actually he was entrusted to take the cattle Page No.# 3/4 by the petitioner No. 2, who has purchased the said cattle. 6. The learned counsel for the petitioners has also submitted that both the petitioners are detained behind the bars for the last 50 days and considering the period of detention, they may be allowed to go on bail. 7. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Gossaigaon P.S. Case No. 65/2025 and has submitted that there are sufficient incriminating materials against the petitioners on record and has opposed the grant of bail. 8. I have considered the submission made by the learned counsel for both sides and has perused the Case Diary which has been produced by the learned Additional Public Prosecutor. It appears that the investigation of this case has fairly progressed. Further, it also appears that the petitioners are detained behind the bars for the last 50 days and considering the period of detention and the progress of investigation, this Court is of the opinion that further custodial detention of the petitioners may not be required for fair completion of the investigation, if they co- operate in the investigation. 9. In view of the above, both the above-named petitioners are allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) each with a suitable surety of like amount, subject to the satisfaction of the learned SDJM(M), Gossaigaon with following conditions that:- (i) the petitioners shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioners shall not directly or indirectly make any inducement, Page No.# 4/4 threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. Send back the Case Diary. 11. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant