Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 24318 (GAU)

HABIBAR RAHMAN v. THE STATE OF ASSAM

Bail Appln./3872/2025 · 2025-12-01

Anjan Moni Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010266202025 2025:GAU-AS:16515 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3872/2025 HABIBAR RAHMAN SON OF NAYEB ALI VILL- ACHALPARA, P.S. CHHAYGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MS. N.A. BEGUM,MR P KALITA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA ORDER 02-12-2025 Heard Mr. S. Munir, learned counsel for the accused applicant and Mr. K. K. Parashar, learned Additional Public Prosecutor, for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant, namely, Habibar Rahman in connection with Chhaygaon P.S. Case No. 306/2025 under Sections 303(2)/317(2) of BNS, 2023. 3. The gist of the allegation against the accused applicant in the FIR lodged by one ASI, Harekrishna Das of Jorshimuli Outpost on 05.11.2025 is that on receipt of secret information that one cattle smuggling Mafia Baser Ali has procured some cattle and kept those cattle at Achalpara for smuggling illegally. It is alleged that when the police team went for investigation at the place, 3 cattle were recovered from the backside of the house of one Habibar Rahman, i.e., the present accused applicant located at Achalpara and the accused applicant could not submit any valid document for purchasing of those cattle. 4. The accused applicant was arrested on 05.11.2025 and for the last 27 days he is behind the bar. 5. Mr. Munir, learned counsel for the accused applicant submitted that the accused applicant is no way linked to any kind of smuggling of cattle and infact, he has brought those cattle for his use in farming from Jorshimali weekly market and he possess valid documents. He further submits that he is already inside the jail for 27 days and therefore, further custodial detention of the accused applicant is not required at this stage. 6. This Court has considered the materials brought before this Court and also considered the submission made by the learned counsel for the accused applicant as well as the learned Addl. PP, Assam. 7. In consideration of the entire matter, this Court is of the opinion that it is a fit case, wherein the accused applicant should be granted bail. Page No.# 3/3 8. Accordingly, the accused-applicant is directed to be released forthwith on furnishing of bail bond of Rs. 20,000/- (Twenty Thousand only) with surety of like nature to the satisfaction of the learned Court of CJM, Amingaon, subject to the following conditions: I. The accused-applicant shall co-operate with the investigation of the case. II. The accused-applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police office. 9. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant