Page No.# 1/3 GAHC010286782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4146/2025 ABU SAMA AND 2 ORS. S/O- NUR MOHAMMAD R/O- VILL NO. 04, ARIMARI, P.S - KHARUPETIA, DIST- DARRANG, ASSAM 2: TAHIR ALI S/O- MAHIRUDDIN R/O- ASHIMTOLA P.S.-KHARUPETIA DIST- DARRANG ASSAM 3: MAHAMMAD ALI S/O- IMAN ALI R/O- NO. 04 ARIMARI P.S - KHARUPETIA DIST- DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR M AHMED, A. K. KANU,MR A. ALI Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./4129/2025 Page No.# 2/3 ABBAS IRRSHIAN AHMED S/O-LT. KHABIRUDDIN AHMED R/O- 01 RGB ROAD OPPOSITE BIHU FIELD LAKHINAGAR DISPUR P.S - DISPUR DIST- KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.02.2026 Since both these bail applications arise out of the same FIR, the same are taken up together for disposal by this common order. 2. Heard the learned counsel Mr. M Ahmed and Mr. A Chaudhury appearing for the petitioners. Also heard Mr. K K Das, the learned Additional Public Prosecutor appearing for the State of Assam. 3. Mr. Das has objected to these bail applications on the ground that there are some incriminating materials against the petitioners in the case diary. 4. These two bail applications are filed under Section 483 of the BNSS, 2023 whereby the petitioners, namely, Abu Sama, Tahir Ali, Mahammad Ali and Abbas Irrshian Ahmed have prayed for allowing them to go on bail, after they were arrested in connection with Nalbari P.S. Case No.346/2025. Page No.# 3/3 5. The petitioners have already spent more than 40 days in judicial custody. They were arrested under the provisions of Prevention of Cruelty to Animals Act, 1960 and Assam Cattle Preservation Act, 2021. The animals have already been recovered. 6. I have considered the submissions made by the learned counsel of both sides. 7. This Court is of the opinion that at this stage, the period of detention already undergone by the petitioners in judicial custody deserves to be considered as the ground for releasing them on bail. Therefore, their bail applications are allowed. 8. It is hereby directed that the petitioners, namely, Abu Sama, Tahir Ali, Mahammad Ali and Abbas Irrshian Ahmed, who were arrested in connection with Nalbari P.S. Case No.346/2025, shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nalbari. With the aforesaid direction, both the bail applications stand disposed of. The CD shall be returned. JUDGE Comparing Assistant