Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1476/2025 AYUB ALI S/o- ASMATULLAH SK @ ASMAT ALI, R/O- VILLAGE- KUTKUTARVITA, P.S.-BOGRIBARI, DIST.-KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR P K DAS, L. SARKAR,MR. M BARUAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 22.07.2025
1. Heard Mr. P. K. Das, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.
2. This application under Section 482 of BNSS has been filed by the petitioner, namely, Ayub Ali who is apprehending his arrest in connection with PRC Case No. 106/2025 under Section 325 of BNS read with Section 13(1) of THE Assam Cattle Preservation Act, 2021.
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3. The learned counsel for the petitioner has submitted that though the charge-sheet has been laid in this case, however, the petitioner is apprehensive that if he appears before the Trial Court in pursuant to the summons issued by it, he may not be granted bail as offence under Section 13(1) of the Assam Cattle Preservation Act, 2021 is involved in this case.
4. On the other hand, learned Additional Public Prosecutor submits that there is no apprehension of the petitioner getting arrested since the Trial Court has issued summons to him and it is well within its powers to consider and grant bail in such cases.
5. I have considered the submissions made by the learned counsel for both sides.
6. In this case, the case is pending before the Trial Court after filing of the charge-sheet and the Court before which the case is pending for trial does not have any embargo in considering the bail application as well as granting the same if it thinks fit to do so. Hence, the apprehension of the petitioner that he may be arrested or may not be granted bail by the Trial Court does not have any legal basis.
7. Accordingly, this bail application is accordingly disposed of with an observation that the petitioner may appear before the Trial Court and may pray for regular bail before the said Court, if so advised. JUDGE Comparing Assistant