Page No.# 1/4 GAHC010262482024 2025:GAU-AS:206 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3825/2024 RAJU DOLEY AND 3 ORS. S/O BIDYADHAR DOLEY R/O VILL- PATRICHUK MAJGAON, P.S. GHILAMARA, DIST. LAKHIMPUR, ASSAM PIN-787053 2: DEEP PATIR S/O SRI HARI CHANDRA PATIR R/O VILL- BILMUKH P.S. GHILAMARA DIST. LAKHIMPUR ASSAM PIN- 787053. 3: MD ABUL HUSSAIN S/O ISMAIL ALI R/O VILL- HARIPARA P.S. JAGIROAD DIST.LAKHIMUPUR ASSAM PIN-782105 4: MD AFAZ UDDIN S/O NURUDDIN R/O VILL HARIPARA P.S. JAGIROAD DIST. LAKHIMPUR ASSAM PIN-78210 VERSUS Page No.# 2/4 THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 07/01/2025 Heard Mr. J C Gogoi, learned counsel for the petitioners and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely, (1) Sri Raju Doley, son of Bidyadhar Doley, resident of Village-Patrichuk Majgaon, P.S. Ghilamara, District-Lakhimpur, (2) Sri Deep Patir, son of Sri Hari Chandra Patir, resident of Village-Bilmukh, P.S. Ghilamara, District-Lakhimpur, (3) Md. Abul Hussain, son of Ismail Ali, resident of Village-Haripara, P.S. Jagiroad, District-Morigaon and (4) Md. Afaz Uddin, son of Nuruddin, resident of Village- Haripara, P.S. Jagiroad, District-Morigaon, seeking bail in Mayong P.S. Case No. 134/2024 registered under Sections 303(2) BNS read with Section 11(1)(d) of Prevention of Cruelty to Animal Act and Section 13(1)/16 of Assam Cattle Prevention Act, corresponding to G.R. No. 1481/2024, wherein they were arrested on 03.12.2024 and are in custody since then. 3. As per the FIR dated 03.12.2024, on receipt of secrete information over phone that one truck bearing registration No. AS-15AC-9256 loaded with cattle is proceeding towards Mayong from Jhargaon, Police personnel with due authorization proceeded to look into the matter and found the said truck near the new Bridge at Pabitora Wildlife Sanctuary loaded with 26 nos. of cattle tied on their legs. On being enquired, the occupants of the said truck, i.e., the petitioners failed to place any relevant documents relating to those 26 nos. of cattle except stating that those cattle were taken from Gagolmari for its supply to Byrnihat, Meghalaya. As such, there was a crime to suspect that the petitioners are involved in theft of cattle and illegal transporting of cattle in the State of Meghalaya. Accordingly, those cattle were seized along with the truck bearing registration No. AS-15AC-9256 and Page No.# 3/4 the petitioners were apprehended. Said FIR was accordingly registered as Mayong P.S. Case No. 134/2024 under Sections 303(2) BNS read with Section 11(1)(d) of Prevention of Cruelty to Animal Act and Section 13(1)/16 of Assam Cattle Prevention Act. 4. The arrested accused persons, i.e., the petitioners were produced before the learned Chief Judicial Magistrate, Morigaon on 03.12.2024, who are in custody since then. 5. From the forwarding report dated 03.12.2024, it is seen that the Investigating Officer of said Mayong P.S. Case No. 134/2024 sought for 14 days of judicial custody of the petitioners. Prayer for extension of their custody has not been made thereafter nor the petitioners have been taken into police custody for their interrogation. 6. Mr. Gogoi, learned counsel for the petitioners submitted that a Co-ordinate Bench of this Court in Crl. Pet. Nos. 1586/2024 and 1587/2024 allowed the zimma of the truck bearing registration No. AS-15AC-9256 as well as 26 nos. of cattle, respectively, after verification of the records and the documents by the Investigating Officer of the case, that were seized in the case on 03.12.2024. 7. On the other hand, Mr. Goswami, learned Additional Public Prosecutor, Assam from the forwarding report dated 03.12.2024 submitted that the petitioners are habitual offenders. 8. It is to be noted herein that the Court by order dated 13.12.2024 called for the case diary of Mayong P.S. Case No. 134/2024, fixing the matter today, i.e., 07.01.2025 and Mr. Goswami, learned Additional Public Prosecutor, on instruction of the Investigating Officer prayed for some more time for production of the case diary. 9. Considering the materials as available in the FIR as well as the Forwarding Report dated 03.12.2024, this Court is of the view that further custodial detention of the petitioners, named above, is not warranted to investigate the said Mayong P.S. Case No. 134/2024. As such, this bail application of the petitioners in said Mayong P.S. Case is accepted. 10. Accordingly, the petitioners, namely, (1) Sri Raju Doley, (2) Sri Deep Patir, (3) Md. Abul Hussain and (4) Md. Afaz Uddin, be released on bail in said Mayong P.S. Case No. 134/2024 registered under Sections 303(2) BNS read with Section 11(1)(d) of Prevention of Cruelty to Animal Act and Section 13(1)/16 of Assam Cattle Prevention Act, corresponding to G.R. No. 1481/2024, on furnishing a bail bond of Rs.50,000/- each, with 2 (two) local sureties each of the like amount, one of which shall be a Government employee, either State or Central Government, to the satisfaction of the Page No.# 4/4 learned Chief Judicial Magistrate, Morigaon, on conditions that the petitioner – (i) shall appear before the Investigating Officer of said Mayong P.S. Case No. 134/2024 as and when they are required in the said Mayong P.S. case; (ii) shall not leave the territorial jurisdiction of Mayong Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not involve themselves in any criminal activities, failing which, the bail granted to them in said Mayong P.S. Case No. 134/2024 shall stand automatically vacated. 11. This bail application accordingly stands allowed to the extent above. 12. Return the case diary. JUDGE Comparing Assistant