Page No.# 1/5 GAHC010214312025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3104/2025 KAMAL KUMAR GOGOI AND ANR SON OF LT DILIP KR GOGOI, R/O VILLAGE SIMEN CHAPORI, P.S. SIMEN CHAPORI, DIST. DHEMAJI, ASSAM 2: DIPANKAR PATHAK SON OF TARUN PATHAK R/O VILL- KHERONI P.S. SIMEN CHAPORI DIST. DHEMAJI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 19.09.2025 Heard Mr. T Chutia, learned counsel for the petitioner. Also heard Mr. K K Page No.# 2/5 Das, learned Addl. Advocate General. 2. This is an application under Section 483 of the BNSS, 2023 for grant of Bail to the petitioners, namely Kamal Kumar Gogoi, in connection with Biswanath Chariali PS Case No. 161/2025, under Section 303(2)/317(4) BNS, 2023 read with Section 13(1) The Assam Cattle Preservation Act, 2021 R/w Sec. 11(1)(d) of Prevention of Cruelty to Animal Act, 1960. 3. That the petitioners beg to state that an FIR was lodged before the Officer-In-charge, Biswanath Chariali Police Station alleging inter alia that on 08- 09- 2025 at about 11:00 PM, information was received by the informant that a 14 wheeler truck bearing Regd. No. AS-23BC 5299 was transporting cattles in violation of statutory provision reportedly traveling from Lakhimpur to Nagaan and upon receipt of the information, a naka checking point was immediately established near the SP Office Bypass on NH-15 by Inspector babul Kr. Medhi, OC, Biswanath Chariali PS along with accompanying police personnel and at around 11:20 PM the said truck was intercepted and on inspection total 52 male cows were found confined within the vehicle in severly cramped, unhysienic and distressing conditions constituting a clear violation of the Prevention of Cruelty to Animals act and also found discrepancies i.e., Transporter's receipt: 39 cattle(s), Veterinary report: 41 cattle, and actual physical count: 52 cattle(s) and Page No.# 3/5 on further investigation revealed that truck was leased from registered owner Babul Ali and driven by Asik Ali and accused Kamal Kr. Gogoi typically preceds the truck in a separate vehicle to monitor police movement and naka points etc. The said FIR was registered as Biswanath Chariali P.S. Case No. 161/2025, U/S 303(2)/317(4) BNS, 2023, R/w Section 13(1) The Assam Cattle Preservation Act, 2021, R/W Sec.11(1)(d) of Prevention of Cruelty to Animal Act.1960. 4. It is submitted that the there were total 52 (fifty two) nos. of Cattle(s) belongs to one Minash Ahmed loaded with the said vehicle, which were purchased from Gogamukh Weekly Cattle(s) Market, established under the Dhemaji Zila Parishad) and same were being carried to Nagaon for agricultural purposes and the vehicle bearing Regd. No. AS-23BC-5299 belongs to one Babul Ali (ANNEXURE-2). The accused petitioner no.1 namely Kamal Kumar Gogoi has taken the vehicle on lease from its owner Md. Babul Ali and during interception of the truck he produced all the original documents but the seizing authority had made to disappear some its documents and registered a false case making some baseless allegation. The petitioners have all the documents including cattle(s) purchase receipts, veterinary health certificate etc. and the petitioners are ready to collect the duplicate copies from the issuing authority. 5. I have perused the documents annexed to the instant bail application Page No.# 4/5 wherefrom it prima facie appears that the petitioner, who was transporting the 52 numbers of cattle has proper documentation. On perusal of the said documents, being cattle purchase receipts issued by the Gogamukh Weekly Market, it is evident that the aforesaid 52 cattle are duly accounted for. 6. It is also submitted that in view of Section 7 of the Assam Cattle Preservation Act, 2021, read with Section 6(2), no permission is required for carrying cattle to and from a registered animal market for the purpose of sale and purchase of such cattle within the State. Moreover, sub-section (3) of Sections 6 and 7, which applies to transportation of cattle across the State of Assam bordering any foreign country, is also not attracted herein, inasmuch as the transportation was admittedly taking place from Lakhimpur District to Nagaon, neither of which shares an international border. Therefore, the offence under Section 13(1) of the said act is not attracted while the rest of the offences are bailable. 7. Having regard to the above, prayer for bail is allowed. 8. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of like amount to the satisfaction of learned Chief Judicial Magistrate, Biswanath, Assam. Page No.# 5/5 9. It is further provided that accused shall cooperate with the investigation. 10. The bail petition stands disposed off. JUDGE Comparing Assistant