Page No.# 1/4 GAHC010238222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3482/2025 MAKBUL HUSSAIN AND 3 ORS S/O SURAJ MIYAR/O NAGAON SAMAGURI, P.S. SAMAGURI DIST. NAGAON, ASSAM 2: MAZIBUR RAHMAN S/O ASSUMUDDIN R/O NAGAON SAMAGURI P.S. SAMAGURI DIST. NAGAON ASSAM 3: IMAN ALI S/O HATEM ALI R/O KADAM FANGABASTI P.S. BOGINODI DIST. LAKHIMPUR ASSAM 4: SAFIQUL ISLAM S/O SAHEB ALI R/O KADAM FANGABASTI P.S. BOGINODI DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.11.2025 Heard Mr. F. Haque, learned counsel appearing on behalf of the accused- applicants. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicants in connection with Garchuk P.S. Case No. 287/2025, registered under Section 303(2) of the BNS, read with Section 13(1) of the Assam Cattle Preservation Act 2021, and read with Section 11 of the Prevention of Cruelty to Animals Act. 3. The allegations as narrated in the FIR lodged on 18.10.2025 are that the accused- applicants were apprehended by the police while they were transporting 28 nos. of cattle on a truck bearing Registration No. AS-25-DC-6909 at Garchuk. On questioning, the police found that those cattle were being transported from Lakhimpur to Barnihat with the purpose of selling. It was alleged that while questioning about the relevant documents of such transportation, the accused-applicants could not submit any permit or valid documents to the police. Accordingly, the police registered aforementioned case against the accused-applicants and the accused-applicants were arrested on the same day. 4. The learned counsel for the accused-applicants submits that the accused-applicants have already spent 26 days in judicial custody and investigation in the matter is almost completed. The learned counsel further submits that the accused-applicants are no way linked to the alleged transportation of the cattle and the accused-applicant no. 1 is the Driver, the accused-applicant no. 2 is the Handyman and the accused-applicant nos. 3 & Page No.# 3/4 4 are the supporting staffs of the vehicle and they were not connected with any kind of illegal transportation of cattle. The learned counsel submits that since the accused- applicants are behind the bar for the last 26 days, looking into these aspects, this Court should allow the accused-applicants to go on bail. 5. Mr. B. Sarma, learned Addl. P.P. submits that the cattle were being transported without any permit and in an inhuman condition by the accused-applicants in the truck. Therefore, a clear violation of the provisions of Assam Cattle Preservation Act 2021 is found in the instant case and accordingly, this Court should not grant bail to the accused- applicants at this stage. 6. This Court has gone through the Case Diary and also heard the submissions made by the learned counsel for the respective parties. 7. After considering the whole matter in entirety and looking into the aspect that the accused-applicants are neither the owner of the cattle nor the owner of the truck but, they were only supporting staffs hired for transporting the cattle and also taking into account the fact that they have already spent more than 25 days inside the jail custody, this Court is of the view that further custodial detention of the accused-applicants in the instant case is not called for. Accordingly, the accused-applicants are directed to be released forthwith on furnishing of bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each, with sureties of like nature to the satisfaction of the learned Court of the CJM, Kamrup (M), subject to the following conditions: - (1) That the accused-applicants shall appear before the Investigating officer as and when called for and fully co-operate in the investigation of the case. (2) The accused-applicants shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of as allowed. Case Diary so received to be sent back. Page No.# 4/4 JUDGE Comparing Assistant