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2025 DAILYLAW 18817 (GAU)

IMRAN ALI v. THE STATE OF ASSAM

Bail Appln./2906/2025 · 2025-09-14

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010199852025 2025:GAU-AS:12582 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2906/2025 IMRAN ALI S/O LATE AKKAS ALI R/O DHARAMNALA, WARD NO. 2, P.S. DIPHU, DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 15.09.2025 1) Heard Mr. S. Munir, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2) This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Imran Ali, who has been detained behind the bars since 27.08.2025 (for last 19 days) in connection with Diphu P. S. Case No.73/2025, Page No.# 2/3 under Sections 61(2)(a)/299/196(1) of the BNS, 2023 read with Section 13(1) of the Assam Cattle Preservation Act, 2021. 3) The gist of accusation in this case is that on 27.08.2025, one Sri. Ritupal Senchowa, SI of Police lodged an FIR before the Officer In-Charge of Diphu Police Station, inter alia, alleging that on the basis of an information received through reliable sources regarding illegal cow slaughtering, the informant along with the Police team raided the house of the petitioner. During the search operation, an illegal slaughterhouse was found along with sharp weapon, knife and other material use for slaughtering of the cows. 4) Learned counsel for the petitioner has submitted that the petitioner has been detained behind the bars for last 19 days and considering the nature of acquisition made against him, the period of detention may be considered sufficient to investigate the offence alleged against him. 5) On the other hand, learned Additional Public Prosecutor has produced the Case Diary of Diphu P. S. Case No.73/2025 and has submitted that there are sufficient incriminating materials against the petitioner in the Case Diary. 6) I have considered the submissions made by learned counsel for both sides as well as peruse the Case Diary of Diphu P. S. Case No.73/2025, though there are incriminating materials against the petitioner in the Case Diary, however considering the progress made in the investigation as well as the period of detention undergone by the petitioner, this Court is of the considered opinion that further custodial detention of the petitioner may not be necessary for fair completion of the investigation of the aforesaid case, if the petitioner continues to co-operate in the investigation. 7) In view of the above, the above name petitioner is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand Only) with one surety of like amount Page No.# 3/3 subject to the satisfaction of the learned Chief Judicial Magistrate, Karbi Anglong, Diphu. i. the petitioner shall co-operate in the investigation. 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) Send back the Case Diary. 9) This bail application is accordingly disposed of. JUDGE Comparing Assistant