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2025 DAILYLAW 16806 (GAU)

MUSLEM UDDIN v. THE STATE OF ASSAM

Bail Appln./2433/2025 · 2025-07-30

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010167842025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2433/2025 MUSLEM UDDIN S/O LATE BODAN SHEIKH R/O IVLL- 2 NO. KARUNABARI COLLEGE PATH, P.S. LALUK DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 31.07.2025 1. Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Muslem Uddin, who has been detained behind the bars since 02.07.2025 (for last 29 days) in connection with Laluk P.S. Case No. 127/2025 Page No.# 2/3 under Sections 61(2)(a)/298/299/196(2) of 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 one Chandan Phukan had lodged an FIR before the Officer-in-charge of Laluk Police Station, inter alia, alleging that on receipt of an information regarding selling of illegal beef at Elahi Hotel situated at No. 2 Karunabari in violation of the Assam Cattle Preservation Act, a search operation was conducted and during search operation, 22 kgs of beef meat was seized from the said hotel and the petitioner was apprehended therefrom. 4. The learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 29 days and the suspected beef meat has already been seized and, therefore, he submits that further custodial interrogation may not be necessary. 5. On the other hand, the learned Additional Public Prosecutor has prayed for calling of the case diary. 6. I have considered the submissions made by the learned counsel for both sides. 7. It appears from the materials available on record that suspected beef meat has already been seized and the petitioner has been detained behind the bars for last 29 days, which, in the considered opinion of this Court, is sufficient period to subject the petitioner to any custodial interrogation if same was required for investigation of the case of such nature. 8. This Court is of considered opinion that if the petitioner co-operates in the investigation, his further custodial interrogation may not be necessary for fair completion of the investigation of Laluk P.S. Case No. 127/2025. Page No.# 3/3 9. In view of the above, the above named petitioner is allowed to go on bail Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur with following conditions:- (i) That the petitioner 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 petitioner shall co-operate in the investigation; 10. This bail application is accordingly disposed of. JUDGE Comparing Assistant