Page No.# 1/4 GAHC010154762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2258/2025 MD RAFUL ALI ALIAS DUDUL SON OF LATE ISAN ALI R/O AMBARI (PARLILTOL), HOUSE NO. 102, P.S. SATGAON DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, S A CHOWDHURY,MR A AHMED,MR. M A CHOUDHURY,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 19.07.2025 Heard Mr. A Ahmed, learned counsel for the Petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor. 2. This application under section 483 of BNSS has been filed by the petitioner Page No.# 2/4 namely, Md. Raful ali @ Dudul who has been arrested in connection with Satgaon P.S. Case No. 123/2025 under Section 325/299 of BNS R/w Section 11(1)(i) of Prevention of Cruelty to Animals Act, R/w Section 13 (i)/16 of Assam Cattle Preservation Act, 2020. 3. The gist of accusation in this case is that on 01.07.2025, one Nikhil Ranjan Nag, SI of Police, had lodged an FIR before the Officer-in-charge of Satgaon Police Station, inter-alia, alleging that on receipt of an information through credible sources and regarding illegal slaughter and selling of beef products, a raid was conducted and during the raid, the hotel owner, Wazidur Rahaman was searched and during search operation raw beef meat was recovered there from. 4. Learned counsel for the petitioner has submitted that the petitioner is no way connected with the offence which has been alleged in the FIR. He submits that the FIR relates to recovery of raw beef meat amounting to 6.8 Kg and cooked beef meat of 6 Kg from Ashiyana Hotel, whose owner is the main accused namely Wazidur Rahaman. He submits that there is accusation against the petitioner regarding the beef meat which has been recovered from Ashiyana Hotel. 5. Learned counsel for the petitioner has submitted that the petitioner has been arrested only on the basis of the statement of Wazidur Rahaman that the present petitioner has also been indulging in selling raw beef meat in bulk quantity. 6. Learned counsel for the petitioner has submitted that no recovery of any beef meat has been made from the petitioner and even from the grounds of arrest shown in the forwarding report of the petitioner which was submitted before the learned Chief Judicial Magistrate Kamrup (M). It appears that though there is accusation made against the petitioner having involved in selling of beef meat. However, there is no link with the beef meat recovered in connection with the FIR which has been lodged in this Case. Page No.# 3/4 7. Learned counsel for the petitioner has submitted that the petitioner is ready to cooperate with the investigation. On the other hand learned Additional Public Prosecutor has submitted that, as there is clear accusation against the petitioner of involving selling bulk quantity of beef meat, he may not be granted bail at this stage without perusal of the case diary. 8. I have considered the submissions made by learned counsels for both sides, on perusal of the Annexure-2 i.e. forwarding report of the Investigating Officer while forwarding the present petitioner after his arrest to the learned Chief Judicial Magistrate Kamrup (M). It appears that there is no indication as to how the present petitioner is connected with the accusation made in FIR which has been lodged in connection with this case. 9. There is not indication as to whether any separate FIR has been lodged as regards the requisitioned against the present petitioner that he has also been indulging in selling of bulk quantity of beef meat. 10. As the FIR lodged in the above noted case on 01.07.2025, relates to an specific offence regarding specific instance, unless, the accusation made against the present petitioner can be linked with the said offence he may not be detained behind the bars merely on requisition which is not linked with those accusation which has been made in the FIR. 11. In view of the above, this Court is of the considered opinion that if the petitioner cooperates in the investigation his custodial detention in connection with Sathgaon P.S. Case No. 123/2025 may not be justified. Accordingly, he is allowed to go on bail of Rs : 30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) with following conditions : (i) That the petitioner shall not directly or indirectly make any inducement, Page No.# 4/4 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 Investigating Officer; (ii) That the petitioner shall cooperate in the investigation; 12. This bail application is accordingly disposed of. JUDGE Comparing Assistant