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2025 DAILYLAW 24704 (GAU)

JAGIR ALI v. THE STATE OF ASSAM

Bail Appln./3906/2025 · 2025-12-03

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010268492025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3906/2025 JAGIR ALI S/O KABIR ALI, R/O NO. 2 UTTAR SEKHADARI, P.S. BOKO, DIST. KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S H SIKDAR, MS N J BEGUM,MR. A DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 04.12.2025 Heard Mr. S. H. Sikdar, learned counsel appearing for the accused/applicant. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 praying Page No.# 2/3 for granting bail to the accused/applicant, viz., Md. Jagir Ali in connection with Boko P.S. Case No.340/2025 registered under Section 13(1) of the Assam Cattle Preservation (Amendment) Act, 2021 read with Section 11(1)(d)(e) of the Prevention of Cruelty to Animal Act, 1960. The allegation as alleged in the F.I.R. dated 03.11.2025 is that on receipt of certain information police intercepted one TATA ACE vehicle and recovered three numbers of cattle from the vehicle. When the driver was questioned, the driver intimated that the cattle were, in fact, supposed to be taken to Meghalaya and thereafter to be smuggled to Bangladesh. The police seized the cattle, the vehicle and arrested the accused/applicant on 03.11.2025 and since then the accused/applicant is behind the bars. It is seen that the case that has been filed against the applicant is under Section 13(1) of the Assam Cattle Preservation (Amendment) Act, 2021. However, on perusal of the F.I.R. it does not transpire the allegation of any cruelty being caused to the cattle. The learned Addl. P.P. appearing for the State opposes the prayer for bail. Taking into account the length of custody of the accused/applicant i.e. 31 days as well as the allegation made in the F.I.R. and taking into account the whole matter in it’s entirety, this Court is of the opinion that the accused/applicant should be released on bail at Page No.# 3/3 this stage. Accordingly, it is directed that that the accused/applicant should be released on bail on furnishing a bail bond of Rs.30,000/- with a surety of like nature to the satisfaction of the learned Judicial Magistrate First Class, Boko subject to the following conditions :- (1) That the accused/applicant shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (2) That the accused/applicant shall not commit any offence while on bail. The Bail Application stands disposed of. JUDGE Comparing Assistant