Page No.# 1/4 GAHC010262692025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3816/2025 MD SAHIDUL ALI AND 3 ORS. S/O- HAZARAT ALI, R/O VILL.- KADAMTENGA BASTI, P.S. BOGINADI, DIST. LAKHIMPUR, ASSAM. PIN-787032. 2: FAIZUL ALI S/O- EDRISH ALI R/O VILL.- KADAMTENGA BASTI P.S. BOGINADI DIST.- LAKHIMPUR ASSAM. PIN-787032. 3: MD ANARUL ISLAM S/O- SOFIQUL ISLAM R/O VILL.- BOGIYA GAON P.S.- SAMUGURI DIST.- NAGAON ASSAM. PIN- 782140 4: MD BURHAM ALI S/O- HARMUJ ALI R/O VILL.- BORMABIL P.S.- SAMUGURI DIST.- NAGAON ASSAM. PIN- 78214 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Page No.# 2/4 Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 05.12.2025 Heard Mr. J. C. Gogoi, learned counsel appearing on behalf of the accused- applicants. Also heard Mr. P. Borthakur, 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 Behali P.S. Case No. 100/2025, under Section 303(2) BNS read with Section 11(i)(a)(b)(c)(d) of Prevention of Cruelty to Animal act, read with Section 3 of the Assam Cattle Preservation Act. 3. The allegation as narrated in the FIR dated 14.11.2025 is that on receipt of certain information, the police intercepted a truck carrying 33 numbers of cattle. During interrogation, the police apprehended the Driver and the Helper of the vehicle. 4. On receipt of the FIR, the police registered the Behali P.S. Case No. 100/2025, under the aforementioned sections. 5. The learned counsel for the accused-applicant submits that they are merely the driver and helper of the said vehicle, which was seized by the police. The learned counsel further submits that the owner of the vehicle is a different person, namely, Nityananda Kaman and the aforesaid person has approached this Court by filing an pre- arrest bail wherein, vide order dated 27.11.2025, the aforesaid person was granted interim pre-arrest bail by a Co-ordinate Bench of this Court. He further submits that the aforesaid owner had already got the Zimma of the aforesaid vehicle as well as the cattle, vide an order dated 26.11.2025, passed by the SDJM(M), Biswanath Chariali. In view of Page No.# 3/4 the aforesaid, the learned counsel submits that since the accused-applicants are not involved in any kind of smuggling or transporting the cattle illegally, rather, they are merely the driver and helper of the vehicle and taking into account of the fact that the owner of the vehicle has already been granted the privilege of pre-arrest bail by this Court, this Court should consider allowing the accused-applicants to be released on bail. The learned counsel further submits that the accused-applicants have already spent 21(twenty one) days behind the bar and therefore, their further custodial detention may not be required at this stage. 6. Mr. P. Borthakur, learned Addl. P.P., on the other hand, submits that he has received the Case Diary and on the basis of the Case Diary, he submits that it is apparent that there was a commission of cruelty on the cattle. Therefore, he opposes the bail. 7. This Court has gone through the materials brought on record as well as heard the submissions made by the learned counsel for the respective parties. 8. On considering the fact that the accused-applicants were merely the driver and helper of the said vehicle which was transporting the cattle, as well as taking into the fact that the accused-applicants are behind the bar for more than 21 days, this Court is of the considered view that the accused-applicants should be released on bail at this stage. 9. Accordingly, the accused-applicants are directed to be released on bail 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 SDJM(M), Biswanath Chariali 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. Page No.# 4/4 10. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant