AYNUL HOQUE LASKAR ALIAS AYNAL HOQUE BARBHUIYA v. THE STATE OF ASSAM
AB/1788/2025 · 2025-07-30
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16668 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16668 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010166062025
2025:GAU-AS:9870
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1788/2025 AYNUL HOQUE LASKAR ALIAS AYNAL HOQUE BARBHUIYA SON OF TERA MIYA LASKAR R/O CHANDIPUR PART-III P.O. KALIBARI BAZAR P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 31.07.2025
1. Heard Mr. J. Laskar, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4
2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Aynul Hoque Laskar @ Aynul Hoque Barbhuiya, who is apprehending his arrest in connection with Algapur Case No. 38/2025, under Sections 325/3(5) of the BNS, added Section 196(1)(6) of the BNS, 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, an FIR was lodged by one Pradip Kanti Purkayastha before the Officer-In-Charge of Algapur Police Station inter alia, alleging that, on receipt of an information through reliable sources, that certain individuals are selling beef meat in violation of the provisions of the Assam Cattle Preservation Act, 2021. A search operation was conducted and during search operation from the enterprise of the petitioner, namely, M/s Sarimul Enterprise situated at Algapur bazar, 4.5 kgs of suspected beef meat was recovered. 4. The learned counsel for the petitioner has submitted that the petitioner has a licence to sell meat products, including buffalo meat in this shop. He further submits that the suspected beef meat has already been recovered and his enterprise, i.e. Sarimul Enterprise has also been sealed on 10.07.2025. 5. He submits that the petitioner is ready to co-operate in the investigation and therefore, he may be allowed to go on anticipatory bail. 6. On the other hand, the learned Additional Public Prosecutor prays for calling of the Case Diary. 7. I have considered the submissions made by the learned counsel
Page No.# 3/4 for both side. Since the suspected beef meat which amount to 4.5 kgs has already been recovered and seized and since the enterprise of the petitioner has also been sealed, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Algapur Case No. 38/2025. 8. In view of the above, the above-named petitioner is directed to appear before the Investigating Officer of Algapur Case No. 38/2025, within a period of 7(seven) 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 connection with Algapur Case No. 38/2025, the above named-petitioner shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only)with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that:- (i) the petitioner shall co-operate in 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. 9. With the above observations, this anticipatory bail application is
disposed of.
Page No.# 4/4
JUDGE Comparing Assistant