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2025 DAILYLAW 15606 (GAU)

AFRUJA KHATUN v. THE STATE OF ASSAM

Bail Appln./2186/2025 · 2025-07-21

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/4 GAHC010149532025 2025:GAU-AS:9377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2186/2025 AFRUJA KHATUN D/O ALAM SHEIKH @ ALOM SK. VILL- SHIMULTAPU P.G.R. P.S. GOSSAIGOAN, DIST. KOKRAJHAR, ASSAM, PIN-783361. VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 22.07.2025 1. Heard Mr. S.Nawaz, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S. Das, the learned Amicus Curiae, for the respondent No. 2. Page No.# 2/4 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Afruja Khatun, who has been detained behind the bars since 01.07.2025 (for the last 21 days) in connection with Gossaigaon P.S. Case No. 87/2025, under Sections 299/325/61(2) of 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 01.07.2025, one Rhittick Kashyap, SI of Police had lodged an FIR before the Officer-in- Charge of Gossaigaon Police Station, inter alia alleging that on receipt of an information through reliable sources that hotel Bismillah located in Shimultapu Bazar is indulging in slaughtering of cattle and selling beef meat in contravention of the provisions of the Assam Cattle Preservation Act, 2021 and a search was conducted in the said hotel on 01.07.2025. 4. During search operation, 5(five) Kgs of cooked meat suspected to be beef was recovered from the said hotel. 5. The learned counsel for the petitioner has submitted that the petitioner is the owner of the hotel and used to sell cooked buffalo meat and not beef as alleged in the FIR. 6. In support of his submissions, he has produced a tax invoice issued in the name of Bismillah hotel as well as health certificate from which, it appears that the firm from which the petitioner had purchased meat deals with buffalo meat. 7. The learned counsel for the petitioner has also submitted that since the meat which is suspected to be beef has already been seized and since the petitioner being a lady has been detained behind the bars for Page No.# 3/4 the last 21 days. Her custodial interrogation may not be any further requirement. Hence, he prays for allowing the petitioner to go on bail. 8. On the other hand, the learned Additional Public Prosecutor Mr. K.K. Parasar, has produced the Case Diary of Gossaigaon P.S. Case No. 87/2025, and has opposed the grant of bail to the petitioner on the ground that sufficient incriminating materials are there in the Case Diary. 9. He also submits that Forensic Laboratory report in respect of the seized meat is still awaited. 10. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of Gossaigaon P.S. Case No. 87/2025. Since the suspected beef meat has already been seized and sample thereof has also been sent to the Forensic Laboratory and since the petitioner has been detained behind the bars for the last 21 days, this Court is of the considered opinion that the nature of accusation levelled against the present petitioner does not justify further custodial interrogation beyond the period for which the petitioner has already been detained for fair completion of the investigation in this case. 11. In view of the above discussion, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with a suitable surety of like amount, subject to the satisfaction of the learned SDJM(M), Gossaigaon with following conditions that:- (i) the petitioner shall co-operate in the investigation; and (ii) the petitioner shall not directly or Page No.# 4/4 indirectly make any inducement, 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. 12. Send back the Case Diary. 13. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant