Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010266372025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3903/2025 GULZAR ALI SON OF LATE IDRISH ALI, RESIDENT OF VILL-KADAM TENGA BASTI, POLICE STATION - BOGINADI, DISTRICT- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, STATE OF ASSAM. Advocate for the Petitioner : MR. P HAZARIKA, MS. B THAKURIA,MR. H S BORAH Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 04.12.2025 Heard Mr. P. Hazarika, learned counsel appearing for the accused – applicant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This is an application under Section 483 of BNSS, 2023 praying for bail of the accused – applicant, namely, Gulzar Ali in connection with Boginadi P.S. Case
Page No.# 2/3 No. 57/2025 under Sections 303(2)/317(2)/3(5) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021. 3. The gist of the allegation as alleged in the FIR dated 28.10.2025 is that on receipt of certain information, Police Team went to the residence of the accused – applicant and recovered 4 cows and a vehicle which was kept beside his house. It was also alleged in the FIR that when the Police Team enquired about the documents relating to the vehicle as well as the cows, the accused – applicant could not produce any documents. On suspicion, the accused – applicant was arrested and the vehicle was also seized. 4. The learned counsel appearing for the accused – applicant submits that the accused – applicant is in fact a registered cattle merchant and the vehicle was in fact belonged to one Sohor Ali @ Babu, who kept his vehicle due to some problems in the engine. He submits that he is no way linked to any kind of smuggling and transporting of the cattle without any valid documents. The accused – applicant was arrested on 28.10.2025 and he is in judicial custody for the last 36 days. Therefore, learned counsel appearing for the accused – applicant submits that taking into consideration the allegations as well as detention, he has already gone through, he should be allowed to go on bail at this stage. 5. Mr. P. Borthakur, learned Addl.
Public Prosecutor appearing for the State, on the other hand, submits that the allegation against him is of transporting cows for selling without documents which is in violation of Assam Cattle Preservation Act. Therefore, he opposes the bail at this stage. 6. Considering the submissions made by the respective counsel appearing for the parties as well as going through the materials brought on record and taking
Page No.# 3/3 into account the whole aspect of the matter in it’s entirety, this Court is of the considered view that this is a fit case wherein the accused – applicant should be allowed to go on bail at this stage. 7. Accordingly, it is directed that the accused - applicant shall be released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with a surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Lakhimpur, North-Lakhimpur subject to the following conditions- (i) That the accused-applicant shall appear before the Trial Court as and when required; (ii) The accused-applicant shall not try to hamper or tamper with any evidence or influence any witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant