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2025 DAILYLAW 16207 (GAU)

MANZUR RAHMAN v. THE STATE OF ASSAM

Bail Appln./2351/2025 · 2025-07-23

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010158242025 2025:GAU-AS:9636 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2351/2025 MANZUR RAHMAN S/O- LATE ANOWAR RAHMAN, R/O- VILL.-BARUAPARA, P.S. AND DIST.- KOKRAJHAR, BTC, ASSAM, PIN -783345. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. M U MAHMUD, MS. D BORA,MR S H MAHMUD,MS. B CHETIA,MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 24.07.2025 1. Heard Mr. M.U. Mahmud, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been Page No.# 2/3 filed by the petitioner, namely, Manzur Rahman, who has been detained behind the bars since 01.07.2025 in connection with Kokrajhar P.S. Case No. 159/2025, under Sections 61(2)/ 299/325 of the BNS, 2023 read with 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 Arjun Ch. Das, of Kokrajhar P.S. had lodged an FIR before the Officer-in- charge of Kokrajhar Police Station, inter-alia, alleging that on receipt of an information through reliable sources that in “Hotel Alif” beef meat has been sold in contravention of the provisions of the Assam Cattle Preservation Act, 2021, a search was conducted in the said hotel. During search operation 10 kgs of suspected cooked beef meat was recovered from there. 4. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for the last 23 days and in the meanwhile, one of the co-accused has already been granted bail by the learned Sessions Judge, Kokrajhar. 5. He further submits that the suspected beef meat has already been seized and under such circumstances, his further custodial detention may not be necessary. Hence, he prays for allowing the petitioner to go on bail. 6. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the petitioner at this stage and has prayed for calling of the Case Diary. 7. I have considered the submission made by the learned counsel Page No.# 3/3 for both sides and has gone through the materials available on record. The petitioner has been detained behind the bars for the last 23 days and considering the fact that the suspected beef meat has already been seized as well as considering the nature of offence involved, this Court is of opinion that the period of detention undergone by the petitioner is sufficient for subjecting him to any custodial interrogation which was required. 8. His further custodial detention does not appear to be necessary if he co-operate in the investigation, for fair completion of the investigation of Kokrajhar P.S. Case No. 159/2025. 9. In view of the above the petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar 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 Investigating Officer; and (ii) That the petitioner shall co-operate in the investigation. 10. This bail application is accordingly disposed of. JUDGE Comparing Assistant