Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010159322025
2025:GAU-AS:9512
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2336/2025 AZIZUL TALUKDAR AND ANR S/O- ABDUL RASHID TALUKDAR.
VILL.- HOWLY, WARD NO.4, LACHIT ROAD, P.S.- HOWLY, P.O.- HOWLY, DIST.- BARPETA, ASSAM, PIN-781316.
2: SAFIQUL ISLAM S/O- LATE ABDUL LATIF.
VILL.- ITARVITA P.O. AND P.S.- HOWLY. DIST.- BARPETA ASSAM PIN -781316 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, MR. G. UDDIN,N HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 24.07.2025
1. Heard Mr. B. Chowdhury, the learned counsel for the petitioners. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor
Page No.# 2/4 appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioners, namely, 1. Azizul Talukdar and 2. Safiqul Islam, who have been detained behind the bars since 02.07.2025 (for the last 23 days) in connection with Gobardhan P.S. Case No. 68/2025, under Section 13 of the Assam Cattle Preservation Act, 2021. 3. The gist of acquisition in this case is that on 01.07.2025, one Sri Gopal Das, SI of Police have lodged an FIR before the Officer-in-charge of Gobardhana Police Station, inter-alia, alleging that an information was received through reliable sources that, two hotels namely Bismillah Hotel and Mewati Muslim Hotel & Dhaba situated at Helonarpam, Simlaguri was selling illicit beef meat without any authorization. Accordingly, a search operation was conducted and 10.81 Kg beef meat was recovered from Bismillah Hotel and 2.730 Kg beef meat was recovered from Mewati Muslim Hotel & Dhaba. 4. The learned counsel for the petitioners has submitted that the petitioner No. 1 is the owner of the hotel from where the suspected beef meat was recovered and the petitioner No. 2 is the cook of the said hotel. 5. Considering the fact that the suspected beef meat has already been seized and also considering the period of detention, they may be allowed to go on bail. 6. He also submits that in the meanwhile, this Court has already released one of the co-accused on bail in connection with Bail Application No. 2263/2025. Page No.# 3/4
7. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the petitioners at this stage and has prayed for calling of the Case Diary. 8. I have considered the submissions made by the learned counsel for both sides and have perused the materials available on record. From the materials available on record, it appears that the suspected beef meat has already been seized and whether it is beef meat or buffalo meet would be revealed only after the receive of Forensic Laboratory Report.
However, considering the nature of this case and the fact that the petitioners have been detained behind the bars for last 23 days, this Court is of opinion that the period of detention undergone by the petitioners are sufficient for subjecting them to custodial interrogation in any offence of such nature. Their further custodial interrogation does not appear to be necessary if they co-operate in the investigation, for fair completion of the investigation of Gobardhana P. S. Case No. 68/2025. 9. In view of the above the petitioners are allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) each with a surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Baksa, Mushalpur with following conditions : (i) That the petitioners 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 petitioners shall co-operate in the investigation.
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10. This bail application is accordingly disposed of.
JUDGE Comparing Assistant