MUKLESH ALI ALIAS MOMTAZ ALI v. THE STATE OF ASSAM
Bail Appln./2633/2025 · 2025-09-15
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17664 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17664 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010180372025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2633/2025 MUKLESH ALI ALIAS MOMTAZ ALI S/O NURUL ISLAM @ NUR ISLAM VILL- SONARIBALI P.S. SAMAGURI DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MR. O ULLAH,MR. A S TAPADER Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 16.09.2025
1. Heard Mr. M Rahman, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 BNSS, 2023 praying for
Page No.# 2/3 grant of bail to the petitioner in connection with Kaliabor P.S. Case No.81/2025
under
Sections 331(4)/305(a)/121(2)/132/109/3(5)/324(3)/317(2) of the BNS, 2023 R/W Sections 11(1)(a)(d)(e) of Prevention of Cruelty to Animal Act R/W Section 192(A) of M.V. Act. 3. The brief of the allegations against the accused is that during night patrol, ASI Jayanta Borah of Kaliabor PS received information about stolen cows being transported in a vehicle (AS-01-FR-5730). The police team chased the vehicle from Kaliabor Tiniali to Missa. When signalled to stop near Missa Army Camp, the miscreants rammed the police vehicle (AS-30-9269), injuring ASI Jayanta Borah and LNK Pabitra Bhuyan. The vehicle also hit another police vehicle (AS-01-DY-6806). Police fired two rounds at the wheels in self-defense and to stop the vehicle. One accused, Muklesh Ali @ Momtaz Ali, was apprehended; others fled away. Four cows were recovered from the vehicle one found dead. The cows were sent to the Veterinary Hospital, and the vehicle was seized. During interrogation, the accused confessed to stealing cows along with Jahirul Islam, Baharul, Muksudul, and Sahjahan Ali from Madhabtari and Samaguri Satra around 3:05 AM. The cows were later identified by their owners, Mira Bora and Promod Rajkhowa. Hence, the case. 4. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam, on perusal of the Case Diary, submits that the present accused is the master-mind of the whole operation involving theft and transportation of cattle and several other cases are pending against him. It is also revealed from the Case Diary that the accused along with his companions attempted to assault the police personnel and also collided their vehicle with the police vehicle.
It is further submitted that
Page No.# 3/3 there is further investigation to be made and therefore, the detention of the accused is very much necessary. 5. On perusal of the Case Diary and considering the incriminating materials present therein as well as the gravity of the allegations, the prayer for bail is rejected at this stage. 6. The petition stands dismissed, accordingly. 7. Send back the Case Diary. JUDGE Comparing Assistant