Page No.# 1/3 GAHC010157252025 2025:GAU-AS:9818 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2322/2025 AMJAD ALI SK ALIAS AMZAD ALI SHEIKH SON OF LT. ANSAR ALI SHEIKH R/O DURAMARI,TABOR SAR, P.S. KOKRAJHAR, DIST. KOKRAJHAR,ASSA VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. J AHMED, R BEGUM,H G DAISY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 30-07-2025 Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Amjad Ali Sk. @ Amzad Ali Page No.# 2/3 Sheikh, who has been detained behind the bars since 03.06.2025 (for last 57 days) in connection with Kokrajhar Police Station Case No. 131/2025 under Sections 303(2)/317(2)/317(4)/313 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021, read with Section 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960. 3. The gist of accusation in this case is that on 01.06.2025, one Dipak Kumar Chuahan, SI of Police, had lodged an FIR before the Officer-In-Charge of Kokrajhar Police Station, inter-alia, alleging that on that day, the villagers of Salbari village, had detained two persons including the present petitioner on suspicion of being involved in stealing of cattle. The vehicle which was used in carrying the cattle got damaged in an accident which had occurred before apprehension of the present petitioner. 4. Learned counsel for the petitioner submits that the petitioner has been detained behind the bars for the last 57 days and the offences which are involved in this case indicates maximum punishment of 8 years only and therefore, the statutory period of detention of which the petitioner may be kept behind the bars under Section 487 of BNSS is 60 days. He, therefore, prays for allowing the petitioner to go on bail. 5. On the other hand, learned Additional Public Prosecutor has submitted that though the Case Diary was called for, the same is not available and seeks some more time for production of the same. 6. I have considered the submissions made by both sides. Since the maximum statutory period of detention under Section 487 of BNSS, for which Page No.# 3/3 the petitioner may be kept behind the bars in the aforesaid case, is 60 days only and as he has already completed 57 days, this Court is of the considered opinion that his further custodial detention may not be necessary for fair completion of investigation. 7. In view of the above, the above-named petitioner is allowed to go on bail of Rs.30,000/-(Rupees Thirty Thousand only) with one suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar, BTR, Assam, 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. 8. This Bail Application is accordingly disposed of. JUDGE Comparing Assistant