Page No.# 1/3 GAHC010230842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2506/2025 BABUL ALI SON OF LATE PHUKAN ALI, R/O VILLAGE AKAA GELUA GAON, P.S.SILAPATHAR, DIST. DHEMAJI, ASSAM 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, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 24.10.2025 Heard the learned counsel for the petitioner and the learned Addl. P.P., Assam. 2. This is an application under Section 483 of the BNSS, 2023 for grant of pre-arrest bail to the petitioner, namely, Babul Ali, in connection with Biswanath Chariali PS Case No. 161/2025 under Sections 61(2)/303(2)/317(4) BNS, 2023 read with Section 13(1) of the Assam Cattle Preservation Act, 2021 r/w Sec. Page No.# 2/3 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960. 3. The allegation made against the petitioner is that on 08- 09- 2025 at about 11:00 PM, an 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 travelling from Lakhimpur to Nagaan and upon receipt of the information; a naka checking point was established near the SP Office Bypass in NH-15 by the police personnel. The said truck was intercepted and on inspection total 52 male cows were found confined within the vehicle in severely cramped, unhygienic 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 on further investigation revealed that truck was leased from registered owner Babul Ali and driven by Asik Ali and accused Kamal Kr. Gogoi typically preceded 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) of the Assam Cattle Preservation Act, 2021, R/W Sec.11(1)(d) of Prevention of Cruelty to Animal Act.1960. 4. It is submitted on behalf of the petitioner that the prime accused of the case, namely, Kamal Kumar Gogoi as well as co-accused Dipankar Pathak have been granted bail by this Court, vide order dated 19.09.2025 in BA No. 3104/2025. 5. The present petitioner Mr. Babul Ali is the owner of the vehicle, which was taken in lease by the prime accused Kamal Kumar Gogoi for business purpose, but no overt act is attributed to the present petitioner. Page No.# 3/3 6. Considering the above, the Court is of the view that custodial interrogation of the present petitioner may not be necessary. As such, the prayer for pre-arrest bail is allowed. 7. Accordingly, the accused petitioner, named above, shall be released on pre-arrest bail of Rs.20,000/- with two sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Biswanath, Assam in connection with the aforesaid case. 8. It is further provided that the accused petitioner shall cooperate with the investigation. 9. The bail petition stands disposed of. JUDGE Comparing Assistant