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2025 DAILYLAW 16611 (GAU)

MD LUTFUR RAHMAN v. THE STATE OF ASSAM

Bail Appln./2385/2025 · 2025-07-28

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010164612025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2385/2025 MD LUTFUR RAHMAN S/O LATE AMINUR RAHMAN R/O RANGAJAN 9/6 KOILAMARI P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. A HUSSAIN, J RAHMAN,MR. K ALOM,MR. T ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 29.07.2025 1. Heard Md. A Hussain, 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, Md. Lutfur Rahman, who has been detained behind the bars since 01.07.2025 (for 28 days) in connection with North Lakhimpur PS Case No. 228/2025 under Sections 61(2)(a)/298/299/196(2) Page No.# 2/3 BNS R/W Section 13(1) of the Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 01.07.2022, one Biman Gogoi, SI of Police had lodged an FIR before the Office in-charge of North Lakhimpur police station, inter alia, alleging that on receipt of an information through reliable sources that in a hotel belonging to the petitioner is selling beef meat in contravention of the provision of Assam Cattle Preservation Act, 2021. Accordingly, a search team was conducted and 1.81 kgs of beef meat was recovered from the said hotel. 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 objected in granting grant bail to the petitioner at this stage and 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 28 days which, in the considered opinion of this Court, is sufficient period for subjecting the petitioner any custodial interrogation required in this case. 8. This Court is of the considered opinion that if the petitioner co- operates in the investigation, his further custodial detention may not be Page No.# 3/3 necessary for fair completion of the investigation of North Lakhimpur PS Case No. 228/2025. 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