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2025 DAILYLAW 15934 (GAU)

FARIDUL ALI v. THE STATE OF ASSAM

Bail Appln./2256/2025 · 2025-07-18

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010153632025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2256/2025 FARIDUL ALI S/O MOHIMUDDIN ALI VILL- BURHADOI, P.S. SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S H SIKDAR, MD IMRAN,A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.07.2025 Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor. 2. This application under Section 483 of the BNSS of 2023 has been filed by the petitioner namely Faridul Ali, who has been detained behind the bars since Page No.# 2/3 01.07.2025 (for last 18 days) in connection with Baihata Chariali P. S. Case No. 167/2025 under Section 299/196 of BNS R/W 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 Sumit Mahato, SI of Police lodged an FIR before the Officer-In-Charge of Baihata Chariali Police Station, inter-alia, alleging that on receipt of an information about illegal selling of beef meat, a search was conducted in the hotels namely (i) Mughal Garden, (ii) Sahee Darbar and (iii) Bismillah Hotel located at Nagaon PWD Road. During search operation 20 KG of Beef meat was recovered from the Sahee Darbar Hotel. 4. Learned counsel for the petitioner submits that the petitioner is only an employee of the said hotel and the owner of the said hotel was one Imran Ahmed, who has also been arrested in connection with this case. 5. Learned counsel for the petitioner submits that the petitioner has been detained behind the bars for last 17 days and considering the period of detention he may be allowed to go on bail. 6. On the other hand, learned Additional Public Prosecutor has prayed for calling of the Case Diary. 7. The learned Additional Public Prosecutor has also submitted that in the Mughal Garden hotel on earlier occasion, police found illegal selling of beef meat of about 32 KG. 8. I have considered the submissions made by learned counsel for both the sides and have gone though the materials available on record. Considering the nature of offence involved as well as the fact that the suspected Beef Meat has already been seized as well as considering the length of detention and this Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary, if he cooperates in the investigation, for fair completion of the Page No.# 3/3 investigation of Baihata Chariali P. S. Case No. 167/2025. 9. In view of the above, the main petitioner is allowed to go on bail of Rs : 30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of learned SDJM, Rangia with following conditions: (i) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigation Officer; (ii) That the petitioner shall co-operate in the investigation; 10. This bail application is accordingly disposed of. JUDGE Comparing Assistant