Page No.# 1/5 GAHC010165192025 2025:GAU-AS:10429 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2407/2025 ANUWAR HUSSAIN AND 4 ORS. SON OF INNUS ALI, R/O VILLAGE RUPOHI, DIST. NAGAON, ASSAM 2: JAMIR UDDIN SON OF MD AHMED ALI R/O VILLAGE RUPOHI P.S. RUPOHI DIST. NAGAON ASSAM 3: MUJAHIDUL ISLAM SON OF LT NURUL ISLAM VILL- MUAMARI P.S. SAMAGURI DIST. NAGAON ASSAM 4: GULJAR HUSSAIN SON OF MD NASARUDDIN VILL- KUHUMTOLI P.S. SAMAGURI DIST. NAGAON ASSAM 5: ABDUL FALAN SON OF MD JOYNULABDIN VILL- TANPAGHALI P.S. SAMAGURI DIST. NAGAON ASSA VERSUS Page No.# 2/5 THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 07.08.2025 1. Heard Mr. T. Chutia, the learned counsel for the petitioners. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor, appearing for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, 1. Anuwar Hussain, 2. Jamir Uddin, 3. Mujahidul Islam, 4. Guljar Hussain, and 5. Abdul Falan, who are detained behind the bars since 11.07.2025 (for the last 27 days), in connection with Behali P.S. Case No. 68/2025, under Sections 303(2)/317(2)/3(5) of the BNS, 2023 read with Section 13(1) of the Assam Cattle Preservation Act, 2021 read with Section 11(1) (d) of Prevention of Cruelty to Animal Act, 1960. 3. The gist of accusation in this case is that on 10.07.2025, one S. Hazarika, SI of Police had lodged an FIR before the Officer-in-Charge of Behali Police Station, inter alia, alleging that on receipt of an Page No.# 3/5 information regarding transportation of stolen cattle in a vehicle, a search team was constituted and a vehicle bearing Registration No. AS-02DC-5929 was intercepted. 4. During search of the said vehicle, 39 (thirty nine) cattle were found, whereas, the driver and the helpers in the said vehicle would produce receipts of 34(thirty four) numbers of cattle. 5. The learned counsel for the petitioners has submitted that the petitioner No. 1 is the driver of the seized vehicle as well as other petitioners are helpers and handyman of the seized vehicle. 6. He submits that the seized cattle were purchased by one Abdul Motin. 7. The learned counsel for the petitioners has submitted that the said Abdul Motin and Abu Taher, who is the owner of the seized vehicle were granted interim protection by this Court on 28.07.2025 in AB Case No. 1733/2025. 8. The learned counsel for the petitioners has submitted that the owner of the cattle a well as the owner of the vehicle were granted interim protection have appeared before the Investigating Officer and have produced the documents of ownership, as well as other necessary documents and have co-operated in the investigation. 9. It is further submitted by the learned counsel for the petitioners that the owner of the cattle was granted Zimma of the seized cattle and the owner of the vehicle was granted Zimma of the seized vehicle. Page No.# 4/5 10. In view of the aforesaid facts, he submits that further custodial detention of the petitioners may not be necessary. 11. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Behali P.S. Case No. 68/2025 and has opposed the grant of bail to the present petitioners on the ground that there are materials against the petitioners in the Case Diary. 12. He also submits that during investigation, it was found that the receipts produced by the petitioner No. 1 before the Investigating Officer were found to be fake. He, therefore, opposes the grant of bail. 13. I have considered the submissions made by the learned counsel for both sides. 14. In this case, 2(two) of the co-accused who claimed themselves to be the owner of the cattle as well as of the vehicle respectively have already been granted interim protection. 15. It also appears that the investigation has progressed fairly. 16. Considering the fact that all the petitioners are detained behind the bars for the last 27 days, this Court is of considered opinion that, if they co-operates in the investigation, their further custodial detention may not be necessary. 17. In view of the above, the above named petitioners are allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand)each with one surety of like amount, subject to the satisfaction of the learned Chief Page No.# 5/5 Judicial Magistrate, Biswanath 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; (ii) That the petitioners shall co- operate in the investigation; and (iii) That the petitioners shall appear before the Investigating Officer of Behali P.S. Case No. 68/2025, in every week for next 4(four) weeks or till the investigation is completed whichever is earlier. 18. This bail application is accordingly disposed of. 19. Send back the case diary. JUDGE Comparing Assistant