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2025 DAILYLAW 2291 (GAU)

IDRIS ALI AND 2 ORS v. THE STATE OF ASSAM AND 2 ORS

AB/3051/2025 · 2026-02-01

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010289622025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3051/2025 IDRIS ALI AND 2 ORS S/O AINAL HOQUE, R/O VILL. NIZ BAGHMARI, P.O. BURIGANG, P.S. GINGIA, DIST. BISWANATH, ASSAM, PIN 784176 2: ABDUL HASID S/O CHAMED ALI R/O VILL. NIZ BAGHMARI P.O. BURIGANJ P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176 3: ALI HUSSAIN S/O SURUT JAMAL R/O VILL. BRAHMAPUTRA CHAPARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 78417 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. S RAHMAN, MR A N IQBAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 02.02. 2026 Heard Mr. S. Rahman, learned counsel for the petitioners and Mr. P. S. Lahkar, learned Addl. Public Prosecutor for the State respondent. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 filed by the petitioners, namely (1) Md. Idris Ali, (2) Abdul Hasid and (3) Ali Hussain, praying for pre-arrest bail, apprehending arrest in connection with Gingia P.S. Case No. 146/2025 registered under Section 303(2) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021. The allegation made against the petitioners is that on receiving secret information, the informant, ASI Junmoni Das has lodged an FIR on 16.12.2025 against the accused Md. Amir Hussain regarding selling of beef by way of cow slaugher. Accordingly a search was conducted and 4 Nos. of cow legs, one cow head and a machete (bothi dao) were seized from his house. The accused person alongwith other accused have been selling of beef by slaughtering cows and the cows were obtained by way of stealing. The body parts of the dead cows were sent to the Veterinary doctor for examination. On receipt of the said information, Gingia P.S. Case No. 146/2025 under Section 303(2) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021 has been registered. Hence, the present case. Pursuant to the interim order dated 05.01.2026, the petitioners had appeared before the I.O. and their statements have been recorded. Page No.# 3/3 The involvement against the petitioner Nos. 1 and 2 are apparent through their own statement as the materials are available against them in the case diary. However, the involvement of the petitioner No. 3 in the alleged offence does not appear to be supported by the materials on record. Having regard to the same, prayer for pre-arrest bail of petitioner No. 3 namely, Ali Hussain is allowed. The prayer for pre-arrest bail in respect of the petitioner Nos. 1 and 2 namely, Md. Idris Ali and Abdul Hasid is rejected. The interim order dated 05.01.2026 so far it relates to the petitioner No. 3 namely, Ali Hussain is made absolute. The bail application is disposed of. Send back the case diary. JUDGE Comparing Assistant