Page No.# 1/4 GAHC010158252025 2025:GAU-AS:9592 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1730/2025 HAFIJUL HAQUE S/O- SAMSUL HAQUE. R/O- DOLABARI, P.S- TEZPUR, DIST- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP. ASSAM Advocate for the Petitioner : MR M R ADHIKARI, MS M BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.07.2025 1. Heard Mr. R.P. Sarma, the learned Senior Counsel, assisted by Ms. M. Borah, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the Bharatiya Nagarik Page No.# 2/4 Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Hafijul Haque, who is apprehending his arrest in connection with Tezpur P.S. Case No. 456/2025, under Section 299/196(1)(b)/3(5) of the BNS, 2023 read with Section 13(1) of the Assam Cattle Preservation Act, 2012. 3. The gist of accusation in this case is that the In-charge of Borghat police outpost had lodged an FIR before the Officer-In-Charge of Tezpur Police Station, inter alia, alleging that on receipt of an information though reliable sources regarding illegal slaughter and selling of beef meat in the “Hotel Khawaja Garib Newaj” located near Dolabari, a search team was constituted. During search operation, about 88.120 kgs of raw beef was recovered from the said hotel. 4. The learned Senior Counsel for the petitioner submits that he is the owner of the hotel and it is managed by his Manager Hajrat Ali. He submits that the Manager Hajrat Ali was arrested has already been granted bail by the Trial Court. 5. He further submits that as the suspected beef meat has been seized, his custodial interrogation may not be necessary. He also submits that in his hotel apart from beef meat, the other meat like mutton and chicken are also served. 6. He also submits that as the hotel is managed by his Manager, he is not aware as to what is being served there on daily basis. 7. He further submits that the petitioner is ready to co-operate in the investigation. However, as the provision under Section 13(1) of the Assam Cattle Preservation Act, 2012 is non-bailable, he is apprehending Page No.# 3/4 his arrest. 8. On the other hand, the learned Additional Public Prosecutor has also opposed the grant of anticipatory bail at this stage and has prayed for calling of the Case Diary. 9. I have considered the submissions made by the leaned counsel for both sides and have gone through the materials on record. 10. It appears from the record that the suspected beef meat has already been seized in this case. It also appears that the Manager of the Hotel of the petitioner, who was arrested in this case has already been granted bail on 15.07.2025 by the Court of the learned Additional Chief Judicial Magistrate, Sonitpur. 11. Considering the above facts, this Court is of the opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Tezpur P.S. Case No. 456/2025. 12. In view of the above, this anticipatory bail application is disposed of with a direction to the petitioner is directed to appear before the Investigating Officer of Tezpur P.S. Case No. 456/2025, within a period of 10(ten) days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in the aforesaid case, he shall be allowed to go on interim bail of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the arresting authority with following conditions that:- Page No.# 4/4 (i) the petitioner shall appear before the Investigating Police Officer within 10(ten) days from the date of this order 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. 13. This anticipatory bail application is accordingly disposed of. JUDGE Comparing Assistant