Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1803/2025 MOHIT UDDIN BARBHUIYA SON OF TAJ UDDIN BARBHUIYA R/O VILL- BOMAGAD 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. JUNM LASKAR, MS. J GHOSH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER Date : 31.07.2025
1. Heard Mr. J.U.N.M. Laskar, the learned counsel for the petitioner. Also heard Mr. K.K.Das, the learned Additional Public Prosecutor appearing for the State of Assam.
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2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Mohit Uddin Barbhuiya who is apprehending his arrest in connection with Algapur P.S. Case No. 37/2025, under Sections 325/3(5) of the BNS, 2023 r/w Section 13(1) of the Assam Cattle Preservation Act, 2021 and Section 196 (1) (b) of the BNS, 2023.
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 information through reliable sources, some persons are selling suspected beef meat in contravention of the Assam Cattle Preservation Act, 2021. A search operation was conducted and 2.5 kgs of meat was recovered from Ahmodia Hotel, located in Algapur Bazar.
4. The learned Counsel for the petitioner submits that the petitioner is the proprietor of the said hotel and he was out of station when the said recovery was made. He further submits that the suspected beef meat has already been seized and the petitioner is ready to co-operate in the investigation and he may be allowed to go on bail.
5. On the other hand, the learned Additional Public Prosecutor opposing the ground of interim protection at this stage prays for calling for the Case Diary.
6. I have considered the submission made by learned counsel for both sides. Since, the suspected beef meat has already been seized in this case and since the petitioner is ready to co-operate in the investigation, hence, considering the nature of the offence involved in this case, this anticipatory bail application is
disposed of with a direction to the petitioner to appear before the Investigating Officer of Algapur P.S. Case No. 37/2025, within a period of 7(seven) days from
Page No.# 3/3 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 the aforesaid case, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount, subject to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer within 7(seven) days from the date of this order 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 persons 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.
7. The anticipatory bail application stands disposed of.
JUDGE Comparing Assistant