Page No.# 1/4 GAHC010135932025 2025:GAU-AS:9893 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1441/2025 UBAIDUL HOQUE S/O WAHAB ALI R/O VILL- BORGHULI NO. 2, P.O. BORGHULI SAPMER, P.S. ULUBARI, DIST. NAGAON, ASSAM, PIN-782120 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, GOVT. OF ASSAM. Advocate for the Petitioner : MR S DEWRI, MR A DEKA,MR P SONOWAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 31-07-2025 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023 has been filed by the petitioner, namely, Ubaidul Hoque, who is apprehending his arrest in connection with PRC Case No. 301/2025 arising out of Rupahihat Police Station Case No. 42/2025 under Sections 303(2)/317(2)/317(4) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 11(1)(a)(b)(c)(d) of PCA Act, read with Section 13(1) of Assam Cattle Preservation Act, pending before the Chief Judicial Magistrate, Nagaon, Assam. 3. The gist of accusation in this case is that on 04.02.2025, one Indira Brahma, SI of Police, had lodged an FIR before the Office-In-Charge of Rupahihat Police Station, inter-alia, alleging that an information was received that one vehicle along with some cattle as well as one cow lifter was apprehended by the villagers of Rupahi (Beel Par) village. Accordingly, the police reached there and apprehended the accused/Anwar Hussain and also seized the vehicle bearing registration No.AS-01SC-5393. 4. Learned counsel for the petitioner has submitted that after the filing of the said FIR, investigation was initiated and ultimately, charge sheet was laid before the Chief Judicial Magistrate, Nagaon. He submits that though the petitioner has received summons from the Trial Court, however, he apprehends that as the offence under Section 13(1) of Assam Cattle Preservation Act, 2021, is triable exclusively, by the Court of learned Chief Judicial Magistrate, may not grant bail to the said accused in the light of the observations of the Apex Court in the case of Prahlad Singh Bhati vs N.C.T., Delhi & Anr. reported in (2021) 4 SCC 280 wherein there is an observation of the Apex Court that even though there is no legal bar for the Magistrate to consider an application for grant of bail to a person who is arrested for an offence exclusively triable by a Court of Sessions yet it would be proper and appropriate that in such a case the Page No.# 3/4 Magistrate directs the accused person to approach the Court of Sessions for the purpose of getting the relief of bail. 5. I have considered the submissions of the learned counsel for both sides and perused the case record. 6. The observations of the Apex Court in the above referred case of Prahlad Singh (supra) was made in a case which involved offence under Sections 302/406/498A of IPC, therefore, the same has to be applied only in cases of those nature in context of which the said observations was made. It is also important to note that in an offence under Section 302 of IPC, there was also an embargo under Section 437(1)(i) of the Cr.P.C., 1973 in granting bail in offences which entails punishment of life imprisonment or death penalty. The observations made by the Apex Court in the case of Prahlad (supra) should not be read out of context in which it was made. 7. However, in the instant case, the offence involved is under Section 13(1) of Assam Cattle Preservation Act, 2021, which, though, an offence exclusively triable by the Court of Sessions, however, the maximum punishment prescribed for the said offence is 8 (Eight) years only and no embargo is there on the Court of learned Chief Judicial Magistrate to consider an application for bail to grant bail if it thinks fit to do so under the facts and circumstances of a particular case. 8. 8. This Court is, therefore, of the considered opinion that the apprehension that the Court of learned Chief Judicial Magistrate, Nagaon, may not grant bail to the petitioner after he appears before the said Court in pursuant to the Page No.# 4/4 notices received by him, does not have any legal basis. 9. This Anticipatory Bail application is accordingly disposed of with an observation that the petitioner may appear before the Trial Court on the next date fixed i.e. 08.10.2025 and may pray for regular bail before the said Court, if so advised. JUDGE Comparing Assistant