Page No.# 1/4 GAHC010166102025 2025:GAU-AS:10932 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1785/2025 SARAFAT ALI ALIAS SHARAFAT ALI S/O SUKUR ALI R/O PACHIM CHILANGANI NEAR MAZID VILL- BHAKAT GAON, P.S. NAGAON, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D SARMAH, B. D. KAKATI,S. J. SAHARIAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 18.08.2025 Heard Mr. D. Sarmah, learned counsel for the petitioner and Ms. N. Das, learned Addl. P.P., Assam for the State. By this application filed under Section 482 of the BNSS the petitioner has Page No.# 2/4 prayed for pre-arrest bail in connection with Nagaon P.S. Case No.520/2025 registered under Sections 196(1)(b) of the BNS read with Section 13(1) of the Assam Cattle Preservation Act, 2021. 2. The F.I.R. dated 03.07.2025 reveals that on a reliable information that some people were engaged in selling of illicit beef by making slaughter houses in Chalchali area under Nagaon Police Station, the police went to the said area and on inspection they found four shops selling beef and that they also found the shopkeepers fleeing from the said place. One of the shopkeepers viz., Guljar Hussain was found and he was apprehended. Search operation was conducted and from the shop of the petitioner beef was recovered. It was also stated in the F.I.R. that from the shop of the petitioner as well as others, one Hanuman Mandir was located within 3.1 kilometer which is in violation of Section 8 of the Assam Cattle Preservation Act. 3. Mr. Sarmah, learned counsel for the petitioner submits that the petitioner was released on interim bail and he cooperated with the investigation and appeared before the police officer and his statement was recorded. He further submits that the shop which is stated to be of the petitioner was not his and as such has prayed for bail of the petitioner. 4. Ms. N. Das, learned Addl. P.P. appearing for the State, however, submits that the petitioner had appeared before the Investigating Officer and has rendered his statement but she also submits that the shop of the petitioner was located within 5 kilometer where mandir was also located and the same is in Page No.# 3/4 violation of the Assam Cattle Preservation Act. 5. Heard the learned counsel for the parties and have perused the records. 6. The petitioner while giving statement before the police officer had stated that he was dealing in selling of beef prior to the ban imposed by virtue of the Assam Cattle Preservation Act and that once the ban was imposed, he got himself engaged in other business. He further stated that after he left the shop, one Guljar Hussain, by hiding it from the public, used to bring beef from somewhere and sells it from that shop. He had only knowledge of these particulars. It also reflects from the Case Diary that a Hanuman Mandir is located within 5 kilometers of the shop of the petitioner. However, it is also noticed that the petitioner in view of the interim order had gone and given his statement before the I.O. and is stated to have cooperated with the investigation. 7. In view of the above, this Court finds it fit to grant bail to the petitioner and as such, the interim bail order granted on 30.07.2025 is hereby made absolute. The petitioner is directed to follow the conditions laid down in the interim order along with the following conditions :- (1) That the petitioner would never indulge in selling of beef in contravention of the Assam Cattle Preservation Act. (2) That he will appear before the I.O. as and when called for. 8. This bail is granted only due to the reason that the petitioner has cooperated with the investigation in terms of the interim bail order. Page No.# 4/4 9. The Bail Application stands disposed of. JUDGE Comparing Assistant