Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010155842025
2025:GAU-AS:9817
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2312/2025 RAHIMA KHATUN W/O- LATE AZIZUL HOQUE. R/O- SHIMULTAPU P.G.R. P.S.- GOSSAIGAON, DIST.- KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MS P DAS,MR. M ALAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30-07-2025 Heard Ms. P. Das, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Rahima Khatun, who has been
Page No.# 2/3 detained behind the bars since 01.07.2024 (for the last 29 days) in connection with Gossaigaon Police Station Case No. 88/2025 under Sections 299/325/61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that one Rhittick Kashyap, SI of Police had lodged an FIR before the Officer-In-Charge of Gossaigaon Police Station that on receipt of information through reliable sources that one hotel namely Hotel Jannat and some other hotels situated at Shimultaphu Bazar, is selling beef meat in contradiction of the provisions of the Assam Cattle Preservation Act. A search team was constituted and a search operation was conducted. During the search operation, 6 kgs of suspected cooked beef meat was recovered from the hotel Jannat. The petitioner was apprehended from the same hotel. 4. Learned counsel for the petitioner has submitted that the petitioner is an employee of the said hotel and has been detained behind the bars for the last 29 (Twenty Nine) days. She also submits that as the suspected beef meat has already been seized, further custodial detention of the petitioner may not be necessary. Hence, she prays for allowing the petitioner to go on interim bail. 5. On the other hand, learned Additional Public Prosecutor has opposed the grant of bail and has produced the Case Diary of Gossaigaon Police Station Case No. 88/2025. He has submitted that investigation has fairly progressed and it is mainly pending for receipt of the FSL report. 6.
I have considered the submissions made by the learned counsel for both
Page No.# 3/3 sides and have gone through the Case Diary of Gossaigaon Police Station Case No. 88/2025. 7. Considering the progress made in the investigation as well as the period of detention already undergone by the petitioner, this Court is of the opinion that if the petitioner cooperates in the investigation, her custodial interrogation may not be necessary for fair completion of investigation of the aforesaid case. 8. In view of the above, the above-named petitioner is hereby allowed to go on bail on furnishing a bail bond of Rs.30,000/-(Rupees Thirty Thousand only) with one suitable surety of like amount, subject to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gossaigaon with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or 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. 9. Send back the Case Diary. 10. With the above observations, this Bail Application is accordingly disposed of. JUDGE Comparing Assistant