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2025 DAILYLAW 16877 (GAU)

MD REKIB AHMED v. THE STATE OF ASSAM

Bail Appln./2457/2025 · 2025-07-31

Mridul Kumar Kalita

Transfer Petitionbody2025

Judgment text

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Page No.# 1/3 GAHC010169082025 2025:GAU-AS:9963 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2457/2025 MD REKIB AHMED SON OF MD. RAHMAT AHMED R/O WARD NO. 14, KHELMATI (NEAR MASJID)P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD. A HUSSAIN, J RAHMAN,MR. T ISLAM,MR. K ALOM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 01.08.2025 1. Heard Md. A. Hussain, the learned counsel for the petitioner. Also heard Mr. D.P. Goswami, the learned Additional Public Prosecutor, for the State of Assam. 2. This application under Section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Md. Rekib Ahmed, who has been detained behind the bars since 01.07.2025 (for the last 30 days), in connection with North Lakhimpur P.S. Case No. 226/2025, under Sections 61(2)(a)/298/299/196(2) of BNS 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 Utpal Boruah, SI of Police had lodged an FIR before the Officer-in-Charge of North Lakhimpur Police Station inter-alia, alleging that on receipt of an information through reliable sources that one hotel, namely, Khelmati Muglai Garden Hotel situated at Khelmati is selling beef in contravention of the provisions of Assam Cattle Preservation Act, 2021. A search team was constituted and the said hotel was searched. During search operation 1.580 suspected cooked beef meat was recovered therefrom. 4. The learned counsel for the petitioner submits that petitioner is the owner of the said hotel and he is ready to cooperate in the investigation. 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 that the petitioner has been detained behind bars for the last 30 days and only 1.580 kg of cooked beef has been seized in this case. Page No.# 3/3 8. Considering that the suspected beef meat has already been seized and the petitioner has been detained behind the bars for last 30 days, this Court is of considered opinion that his further custodial interrogation may not be necessary for fair completion of the investigation of the aforesaid case. 9. In view of the above, the above-named petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with a suitable surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur with the following conditions:- (i) that the petitioner shall appear before the Investigating Officer as and when so required and shall co-operate in the investigation; (ii) and 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. 10. With the above observations, this bail application is hereby disposed of. 11. Return the Case Diary. JUDGE Comparing Assistant