Page No.# 1/3 GAHC010255502024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3148/2024 AMIR HUSSAIN AND ANR. S/O TAHID ALI VILL- HUSSAIN CHUBURI P.S. SIPAJHAR DIST. DARRANG, ASSAM 2: NURODDIN S/O BADIYAD JAMAN VILL- GAREMARI GAON P.S. SARTHEBARI DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.01.2025 1. Heard Mr. N. Uddin, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This application under Section 482 of the BNSS, 2023 has been filed by Page No.# 2/3 the petitioners, namely, Amir Hussain and Nuroddin, who are apprehending their arrest in connection with Khoirabari P.S. Case No. 21/2024 under Section 305 of the BNS, 2023. 3. The gist of accusation in this case is that on 05.11.2024, one Khagendra Nath Sarmah, had lodged an FIR before the Officer-in-charge of Khoirabari Police Station, inter alia, alleging that on the night of 04.11.2024, seven cows were stolen from their cowshed. 4. The learned counsel for the petitioners has submitted that the petitioners are in no way involved in the offence alleged in the FIR, however, as the one of the arrested accused person, namely, Asadul Hoque, happens to be the relative of the petitioners, they have come to know that they have been falsely implicated in this case by the co-accused persons and, therefore, the police is searching for them. 5. The learned counsel for the petitioners has submitted that the petitioners are ready to cooperate in the investigation. 6. On the other hand, learned Additional Public Prosecutor has vehemently opposed the grant of anticipatory bail to the present petitioners. He has submitted that the offence of cow theft is committed in an organized manner nowadays and the petitioners have been implicated by the co-accused persons who have been arrested in this case. He has also submitted that the stolen cattle are yet to be recovered and, therefore, anticipatory bail should not be granted to the present petitioners. 7. I have considered the submissions made by the learned counsel for both the sides and have perused the case diary. 8. On perusal of the case diary, it appears that the present petitioners have been implicated by the co-accused persons during investigation, however, at this Page No.# 3/3 stage of investigation apart from their implication by the co-accused persons in this case, no other incriminating materials could be collected by the Investigating Officer against them. 9. Considering the materials in the case diary, this Court is of considered opinion that if the petitioners cooperate in the investigation, their custodial detention may not be necessary for fair completion of the investigation of Khoirabari P.S. Case No. 21/2024. 10. In view of the above, the above named petitioners are hereby directed to appear before the Investigating Officer of Khoirabari P.S. Case No. 21/2024 within a period of ten days from the date of this order and co-operate in the investigation. If they does so, within the stipulated period of time, in the event of their arrest, in connection with Khoirabari P.S. Case No. 21/2024, they shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount subject to satisfaction of the Arresting Authority with following conditions:- (i) That the petitioners shall co-operate in the investigation; (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons 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. 11. This anticipatory bail application is accordingly disposed of. 12. Send back the case diary. JUDGE Comparing Assistant