Page No.# 1/3 GAHC010188172024 2025:GAU-AS:570 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2441/2024 ABDUL AJIJ S/O MOBARAK HUSSIN R/O VILL- TUMANI, P.O. TUMANI P.S. SOUTH SALMARA, DIST. SOUTH SALMARA MANKACHAR, PIN CODE- 783127 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : DR AZIZ KHAN, MS. P DAS,DEEPANJALI GUPTA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 21.01.2025 Heard DR. A. Khan, learned counsel for the applicant and also heard Mr. K. K. Parashar, learned Additional Public Prosecutor, for the State respondent. Page No.# 2/3 2. This application under Section 482 of the BNSS, 2023 is preferred by applicant, namely, Abdul Ajij, who has been apprehending arrest in connection with South Salmara P.S. Case No.35/2024, under Sections 379/411 IPC,1860 read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021. 3. It is to be noted here that, above notes case has been registered on the basis of an FIR lodged by one SI Karan Meena, 49 BN BSF. The essence of allegation, against the present applicant is that acting on a tip off on 12.02.2024, about smuggling of 18/20 numbers of cattle to Bangladesh from Assam side, the informant with his staff carried out patrolling duty and in Berabhangachar, they have noticed movement of EFC (Emergency Fled Corporation) boat in the river channel and when they reached the place, the miscreants parked the boat on the edge of the Char and fled away. 4. The learned counsel for the applicant submits that vide order dated 11.11.2024, the applicant was granted the privilege of interim pre-arrest bail and pursuant to the said order, he had appeared before the IO on 16.11.2024, and he has been co-operating with the investigating agency and therefore, it is contended to make the interim order dated 11.11.2024, absolute in the said terms and conditions. 5. On the other hand, Mr. Parashar, learned Additional Public Prosecutor, submits that he has received the case diary, but the same has not been updated till date and prays for granting him some time to produce the updated case diary before this Court. 6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Parashar, learned Page No.# 3/3 Additional P.P. 7. Admittedly, the case diary has not been updated and the information as to whether the applicant has been cooperating with the investigating agency or not is not available with him. However, the learned counsel for the applicant submits that the applicant had appeared before the IO on 16.11.2024 and co-operating with the investigating agency. 8. In that view of the matter, custodial integration of the applicant, in the interest of the investigation, seems to be not warranted here in this case and accordingly, this Court is inclined to make the interim order dated 11.11.2024, absolute in the said terms and conditions. 9. Case diary shall be returned. JUDGE Comparing Assistant