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2025 DAILYLAW 16517 (GAU)

RAHMAT ULLAH v. THE STATE OF ASSAM

Bail Appln./2378/2025 · 2025-07-28

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010162572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2378/2025 RAHMAT ULLAH SON OF LATE SAFIUR RAHMAN R/O HABIB NAGAR, P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR. M. A. CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2025 1. Heard Mr. I. U. Chowdhury, the learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Rahmat Ullah, who has been detained behind Page No.# 2/3 the bars since 02.07.2025 (for 27 days) in connection with North Lakhimpur PS Case No. 227/2025 under Sections 61(2)(a)/298/299/196(2) BNS R/W Section 13(1) of the Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 02.07.2022, one Miltan Borgohain had lodged an FIR before the Office in-charge of North Lakhimpur police station, inter alia, alleging that an information was received through reliable sources that one hotel belonging to the present petitioner situated at Gariajan Chauk Bazar is selling beef meat in contravention of the provision of Assam Cattle Preservation Act, 2021. Accordingly, a search team was conducted and a search was made during search operation 688 grams of cooked beef meat was recovered from the hotel of the present petitioner. 4. Learned counsel for the petitioner has submitted that the suspected beef meat has already been seized and the petitioner is languishing behind the bars for last 27 days. He submits that considering the quantity of beef meat seized in this case as well as period of detention undergone, the petitioner may be allowed to go on bail. 5. On the other hand, learned Additional Public Prosecutor has prayed for calling of the case diary. 6. I have considered the submissions made by learned counsel for both sides. 7. It appears that the suspected beef meat has already been seized in this case and the petitioner has been behind the bars for last 27 days which, in the considered opinion of this Court, is sufficient period for subjecting the petitioner any custodial interrogation required in this case. Page No.# 3/3 8. This Court is of the considered opinion that if the petitioner co- operates in the investigation, his further custodial detention may not be necessary for fair completion of the investigation of North Lakhimpur PS Case No. 227/2025. 9. In view of above, the above-named petitioner is allowed to go on bail of Rs. 30,000/-(Rupees Thirty Thousand only) with one surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur 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. 10. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant