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2025 DAILYLAW 23923 (GAU)

RAJU ALI ALAIS MD RAJU ALI v. THE STATE OF ASSAM

Bail Appln./4020/2025 · 2025-12-17

Anjan Moni Kalita

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010276592025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4020/2025 RAJU ALI ALAIS MD RAJU ALI SON OF SARIFUL HOQUE R/O VILL- NO. 1 BHOKELIMARA P.O. RANGAMATI, P.S. MANGALDOI DIST. DARRANG,ASSAM PIN-784125 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. SK S N MOHAMMAD, MR ARJU IKBAL,MR. KHAIRUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.12.2025 1. Heard Mr. S.K. S.N. Mohammad, learned counsel for the accused/applicant. Also heard Mr. P. Borthakur, learned APP for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/3 Sanhita, 2023, praying for grant of bail to the accused person in connection with Gorchuk Police Station Case No. 322/2025, registered under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, and Section 11 of the Prevention of Cruelty to Animals Act, 1960, now pending before the learned Judicial Magistrate First Class, Kamrup (M), Guwahati. 3. The FIR was lodged on 24.11.2025, wherein it was alleged that the police recovered 15 (fifteen) numbers of cattle along with a Tata truck, in which the said cattle were found tied with ropes in a cruel and inhumane manner. Upon enquiry, it was revealed that the said cattle were suspected to be stolen and were allegedly being smuggled to Meghalaya without any valid documents and without following the mandatory veterinary procedures as prescribed under the Assam Cattle Preservation Act, 2021. 4. The police apprehended the accused person, the cattle as well as the Tata truck were seized in connection with the said case. 5. On further investigation, the arrested person allegedly implicated the accused/applicant as the main kingpin involved in the illegal smuggling, handling, and transportation of cattle to Meghalaya. 6. The learned counsel for the accused/applicant submits that there is no nexus whatsoever between the accused/applicant and the alleged offence as narrated in the FIR. He further submits that a zimma petition for release of the seized cattle as well as the vehicle has already been filed before the concerned court. 7. On perusal of the case diary, it is seen that the seized cattle have already been released on zimma in favour of one Hamidul Ali, the owner of the said Page No.# 3/3 cattle. 8. Taking into account the fact that the accused/applicant has been in judicial custody for the last 21 days, that he was not named in the FIR, and that the seized cattle have already been released on zimma by the learned trial court, this Court is of the considered opinion that, at this stage, the accused/applicant deserves to be enlarged on bail. 9. Accordingly, it is directed that the accused/applicant be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the learned Judicial Magistrate First Class, Kamrup (M), Guwahati, subject to the following conditions: i. The accused/applicant shall cooperate with the investigation of the case and shall make himself available whenever called upon by the Investigating Officer. ii. The accused/applicant shall not tamper with or hamper the investigation of the case. 10. Accordingly, in view of the above directions, the bail application stands disposed of. JUDGE Comparing Assistant