Page No.# 1/4 GAHC010266002025 2025:GAU-AS:16518 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2815/2025 HAMIDUL ALI S/O IMAN ALI, R/O KUKARPAR, KHANGRA, DIST. BARPETA, ASSAM 781305 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR. S RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 02.12.2025 Heard Mr. S. M. Abdullah P, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Addl. PP for the State. 2. This is an application under Section 482 of BNSS, 2023 praying for granting pre-arrest bail to the accused applicant in connection with Gorchuk P.S. Case No. 322/2025 under Section 303 (2) of BNS read with Page No.# 2/4 Section 13 (1) of Assam Cattle Preservation (Amendment) Act, 2021 read with Section 11 of the Prevention of Cruelty to Animals Act, 1960. 3. The gist of the allegation as narrated in the FIR dated 24.11.2025 filed by one Rinkumoni Borah, SI, Gorchuk P.S., Kamrup (M), Assam before the Officer-in-Charge of Gorchuk Police Station, Kamrup (M), Assam is that on receipt of certain information from a reporter of a news channel that they have detained a truck bearing registration No. AS-01-TC- 2493 loaded with cattles at Gorchuk allegedly used for smuggling cattles from Barpeta to Meghalaya, the Police reached the place of occurrence and on search of the vehicle, they found 15 numbers of cattles in a Tata Truck tied with ropes in a very cruel manner. It was alleged that when the driver of the truck was questioned by the Police, which he revealed that cattles were being taken from Barpeta to Meghalaya. It was also alleged that the driver of the vehicle could not produce any valid documents for purchase of the cattles as well as the documents issued by the Veterinary Department as per the Assam Cattle Preservation (Amendment) Act, 2021. The accused persons were apprehended and the Truck along with the cattles were also seized. 4. The learned counsel appearing for the accused applicant submits that the cattles were duly purchased by the accused applicant from Baghbor market and were being transported to Morigaon for his personal use rather than Meghalaya. In this connection, the learned counsel appearing for the accused applicant has referred to the receipts of such purchase which have been annexed to the instant application. 5. The learned Addl. PP for the State submits that the cattles were transported in a very cruel manner and there is a violation of the Page No.# 3/4 provisions of Assam Cattle Preservation (Amendment) Act, 2021 and therefore, vehemently opposed the prayer for granting of anticipatory bail to the accused applicant, at this stage. 5. The learned counsel appearing for the accused applicant further submits that he has not been named in the FIR and the cattles were duly purchased by him and he has filed an application for taking Zimma of the aforesaid cattles. He submits that since the cattles belonged to him he has a serious apprehension that he may be arrested by the arresting authority at any point of time. 6. In view of the aforesaid, the learned counsel appearing for the accused applicant submits that the accused applicant may be granted pre- arrest bail, at this stage. 7. This Court has gone through the materials brought on record and the submissions made by the learned counsel appearing for the respective party have also been duly considered. 8. Taking into account the whole aspect of the matter in it’s entirety and also in consideration of the sections which are registered against the accused applicant, this Court finds that the accused applicant, namely, Hamidul Ali should be granted pre-arrest bail on furnishing a bail bond of Rs.30,000/- with a surety of like amount to the satisfaction of the arresting authority in connection with Gorchuk P.S. Case No. 322/2025. However, the bail shall be subject to the following conditions: (i) that the accused applicant shall appear before the investigating authority within a period of 10 days of passing of this order; Page No.# 4/4 (ii) that the accused applicant shall cooperate with the investigation and make himself available as and when required/ called for; (iii) that the accused applicant shall not, directly or indirectly, make any attempt to influence the witnesses or tamper with evidence or induce any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Police or the Court. In view of the aforesaid directions, this Anticipatory Bail Application is disposed of as allowed. JUDGE Comparing Assistant