Page No.# 1/4 GAHC010153612025 2025:GAU-AS:11007 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1637/2025 INAMUL HUSSAIN S/O YOUSUF ALI R/O VILL- SALEDOL, P.S. SIPAJHAR DIST. KAMRUP, 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 MRS. JUSTICE SHAMIMA JAHAN ORDER 19.08.2025 Heard Mr. S.H. Sikdar, learned counsel for the petitioner and Ms. N. Das, learned Addl. Public Prosecutor for the State. This is an application by which the petitioner has prayed for pre-arrest bail in connection with Baihata Chariali P.S Case Page No.# 2/4 No. 167/2025 registered under Section 299/196 of BNS read with Section 13(1) of the Assam Cattle Preservation Act, 2021. The FIR dated 01.07.2025 lodged by the Sub-Inspector of Baihata Chariali Police Station reveals that on an information about illegal selling of beef in hotels by the name of Mughal Garden, Shahee Darbar and Bismillah Hotel located at Nagaon, PWD road, the informant along with others proceeded to the said hotels and conducted a search in hotel Sahee Darbar and during the search, suspected beef weighing 20 kgs were found and recovered. It is also mentioned in the FIR that the said hotel was running without any permission from the competent authority for selling beef and the same had hurt the sentiment of the non-beef eating communities. It was further stated that the said hotel is located within 150/200 meters away from Sarbajanin Durga Mandir, Baihata Chariali as well as Shiva Mandir and that the owner of the hotel Mr. Imran Ahmed was apprehended by the police personnel. On receipt of the said Ejahar, the police registered the case under the aforesaid Sections. Mr. S.H. Sikdar, learned counsel for the petitioner submits that the petitioner is a worker in the hotel namely, Mughal Garden and he has no connection with the instant offence since it is the responsibility of the owner to follow the law and do his business. Page No.# 3/4 Ms. N. Das, learned Addl. Public Prosecutor for the State on perusal of the Case Diary submits that the co-accused namely, Faridul Ali had stated that the petitioner is the owner of the Mughal Garden and that the said meat was purchased by the owner and it is being sold in the said hotel and that he is simply the worker in the said hotel. She has also pointed out to the submission of other accused persons who had stated in similar lines. I have heard the learned counsels and I have perused the records. It is noticed in the FIR that although three (3) hotels are named in the same but it is prima facie seen that search was conducted in Sahee Darbar and the meat suspected to be beef were recovered from the same and it is also not clear as to who owns the said hotel namely, Mughal Garden. It is also noticed in the Case Diary that the suspected beef was also recovered from the hotel namely, Mughal Garden and the quantity was 1 kg and prepared meat of 30 kgs. The suspected beef has been sent for examination to the FSL but the report is yet to be received. It is also noticed that the petitioner was given interim bail with conditions and that in compliance of the said conditions, the petitioner had gone and given his statements before the police and it is also seen from the Case Diary that the petitioner is cooperating with the investigation of the case. The said interim bail is as such made absolute along with the conditions set forth therein and with the Page No.# 4/4 further conditions mentioned herein below:- (1) The petitioner would never involve himself in selling of beef in any shop at any time whatsoever. (2) If the petitioner is found doing the same, the concerned SDJM would be at liberty to cancel the bail given to the petitioner. The petition is disposed of. JUDGE Comparing Assistant