Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 16736 (GAU)

TALEB ALI SHEIKH v. THE STATE OF ASSAM

AB/1799/2025 · 2025-07-30

Mridul Kumar Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010166272025 2025:GAU-AS:9885 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1799/2025 TALEB ALI SHEIKH SON OF KADIM ALI SHEIKH R/O JOGIGHOPA P.S. JOGIGHOPA DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR A RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 31-07-2025 Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor, Assam. 2. This application under Section 482 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023 has been filed by the petitioner, namely, Taleb Ali Sheikh, who is apprehending his arrest in connection with Jogighopa Police Station Case No. 79/2025 under Section 299 of the Bharatiya Nyaya Sanhita, 2023, read with Section 13(1) of Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 01.07.2025, one Lal Babu Goala, SI of Police, had lodged an FIR before the Office-In-Charge of Jogighopa Police Station, inter-alia, alleging that on receipt of an information regarding selling of beef meat in a hotel situated at Jogighopa Bazar in contravention of provisions of the Assam Cattle Preservation Act, 2021, a search operation was conducted and during the search operation, 6.5 kgs of suspected beef meat was recovered from Nihal Hotel. 4. The learned counsel for the petitioner has submitted that the petitioner is the owner of the said hotel and he is ready to cooperate in the investigation. He also submits that since the suspected beef meat had already been recovered, the necessity of any custodial interrogation of the petitioner is not there. 5. On the other hand, learned Additional Public Prosecutor has prayed for calling of the Case Diary and has objected the grant of any interim protection in this case. 6. I have considered the submissions made by learned counsel for both sides. Since in this case the suspected beef meat has been recovered and also seized, this Court is of the considered opinion that if the petitioner cooperates in the investigation, his custodial interrogation may not be necessary for fair completion of investigation of the aforesaid case. Page No.# 3/3 7. In view of the above discussions, the above-named petitioner is directed to appear before the Investigating Officer of Jogighopa Police Station Case No. 79/2025, 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 the aforesaid case, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority with following 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. 8. In terms of the above observations, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant