Page No.# 1/3 GAHC010230832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3416/2025 ASIK ALI AND ANR SON OF JUBBUR ALI, R/O VILL- GANDHI NAGAR, P.S. SILAPATHAR, DIST. DHEMAJI, ASSAM 2: RIHAN RAWTIA SON OF RAJU RAWTIA R/O VILL- BORGANG DIVISION P.S. BEHALI DIST. BISWANATH ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY 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 petitioners and the learned Addl. P.P., Assam. 2. This is an application under Section 483 of the BNSS, 2023 for grant of bail to the petitioners, namely, Asik Ali and Rihan Rawtia, in connection with Biswanath Chariali PS Case No. 161/2025 under Sections 61(2)/303(2)/317(4) BNS, 2023 read Page No.# 2/3 with Section 13(1) of the Assam Cattle Preservation Act, 2021 r/w Sec. 11(1)(d) of the Prevention of Cruelty to Animal Act, 1960. 3. The allegation made against the petitioners 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 petitioners 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. I have perused the aforesaid order and I am of the view that the petitioners also stand on the same footing and also having regard to the period of detention of 45 days, they are also entitled for bail. As such, the prayer for bail is allowed. 6. Accordingly, the accused petitioners, named above, shall be released on bail of Page No.# 3/3 Rs.20,000/- each, with two sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Biswanath, Assam in connection with the aforesaid case. 7. It is further provided that the accused petitioners shall cooperate with the investigation. 8. The bail petition stands disposed off. JUDGE Comparing Assistant