Page No.# 1/3 GAHC010279702024 2025:GAU-AS:193 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3967/2024 MD. RAFIQUL HAQUE S/O MD. ASRAF ALI, R/O VILLAGE SONIPUKHURI RANGPURIA, P.S. NORTH LAKHIMPUR, DISTRICT LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N ZAMAN, I AMIN,MS A HUSSAIN,H G DAISY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 07.01.2025 Heard Mr. I. Amin, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 08.11.2024 in connection North Lakhimpur P.S. Case No. 292/2024, registered under Section 303(2) of BNS read with Section 13(1) of Assam Cattle Preservation Act, read with Section 11(1) (d) of Prevention of Cruelty of Animals Act, 1960. It is submitted by the learned counsel for the petitioner, Mr. Amin, that the present petitioner is innocent and was not involved in the alleged offence. The petitioner contends that he is an Imam (Priest) by profession, and the allegation leveled against him is totally false and baseless, and he has been falsely implicated in this case. It is submitted that nothing has been recovered from his possession and that he was arrested merely on suspicion. He further submitted that the petitioner has been in custody since 08.11.2024 and was also remanded to police custody for 5 days, after which he was remanded to judicial custody. Accordingly, considering the length of detention undergone by the accused/petitioner, he may be enlarged on bail, as the I.O. got sufficient time for his custodial interrogation. It is also submitted that, by orders dated 18.11.2024 and 09.12.2024, the earlier bail applications of the petitioner was rejected by the learned Courts below, but the present bail application is filed solely on the ground of the length of detention. On the other hand, Mr. R. J. Baruah, learned Additional Public Prosecutor, has Page No.# 3/3 submitted that, upon enquiry, it is seen that, to date, the charge-sheet has not yet been filed against the accused/petitioner. Considering the submissions of learned counsels for both sides and also without going into the merit of the case and further considering the length of detention already undergone by the accused/petitioner, i.e. since 08.11.2024, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioner in the custody and accordingly, further custodial interrogation of the accused/petitioner seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, North Lakhimpur, Lakhimpur, the accused/petitioner, namely, Md. Rafiqul Haque , be enlarged on bail, subject to the following conditions: (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, North Lakhimpur, Lakhimpur, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant