Page No.# 1/4 GAHC010264172025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3843/2025 AKRAM ALI SON OF AKKESH ALI, R/O KANHARA, P.S. GOROIMARI, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR. S H ZAMAN,U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 28-11-2025 Heard Mr. A.M Ahmed, learned counsel for the applicant and also heard Mr. K.K. Parasar, learned Addl. P.P for the State. This application has been filed under section 483 of BNSS, 2023 praying for granting of bail to the applicant who was taken into custody on 04.11.2025 in connection with Palasbari Police Station Case No. 269/2025 under section 11(1)(d) of Page No.# 2/4 the Prevention of Cruelty to Animal Act, r/w section 13(1)/16 Assam Cattle Preservation Act. Mr. A.M Ahmed, learned counsel for the applicant has submitted that 4 persons had been apprehended on the basis of an FIR dated 02.11.2025 which were to be effect that 11(eleven) number of cattle have been recovered from jungle area at Rani- joypur, which cattle as per the FIR have been left there by the co-arrested persons after stealing them. As per the FIR, the four arrested persons were suspected to be involved in inter-state illegal trade and transportation of cattle, thereby causing cruelty to animals. The present applicant has been arrested on the basis of the statement made by the aforesaid co-accused and the forwarding of the applicant to the learned JMFC, Kamrup, Amingaon reflects that 111 numbers of cattle had been recovered from the huge godown/concealed boundary of the applicant. It is further stated that in the forwarding report that the accused was asked to produce valid documents for ownership of the seized cattles but failed to produce any valid documents and this give rise to a reasonable suspicion of theft and his involvement in illegal inter-state trade, possible theft and cruelty to animals. The learned counsel for the applicant has submitted that the bail application has been preferred before the learned JMFC, Kamrup, Amingaon which was rejected on 20.11.2025. The learned counsel for the applicant has drawn the attention of this Court to the notice served under section 47 of the BNSS, to emphasize that the notice was not served on the arrested accused on the day of arrest and rather it was served to other persons. It is the submission of the learned counsel that the aforesaid omission was sought to be explained by the I.O stating that the notice had inadvertently remained in the case diary and only a rough copy was placed on the case record. The learned counsel for the applicant has submitted that on the ground that the applicant had not been served the notice under section 47 of the BNSS and also in view of the fact that the only allegation against the applicant is that he failed to Page No.# 3/4 produce necessary documents before the seizing authority, the applicant deserves to be released on bail. Mr. K.K. Parasar, learned Addl. P.P has objected to the bail application and submits that at this stage release of the applicant on bail may hamper the investigation. However, he candidly submitted that from the records it does not appear that the notice under section 47 of the BNSS had been served upon the accused on the date of arrest and the same fact also reflected in the order dated 20.11.2025 where the I.O has admitted that the notice given by him was not the correct notice. We have gone through the petition and the records annexed thereto. Several receipts have been annexed to the same, prima facie show that the applicant had bought the cows by legal means. In view of the above, this Court is inclined to grant bail to the petitioner namely Akram Ali, in connection with above noted case, on furnishing a bail bond of Rs. 50,000/- with two local sureties each to the like amount to the satisfaction of the learned JMFC, Kamrup, Amingaon subject to the following conditions; i. shall appear before the Investigation Officer of said Palasbari Police Station Case No. 269/2025 as and when he is required for necessary investigation. ii. shall not leave the territorial jurisdiction of Palasbari Police Station, without obtaining prior written permission from the concerned Investigation Officer of the case. iii. shall not hamper with the investigation, or tamper with the evidence of the case. iv. 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 them from disclosing such facts to the Court or to any Page No.# 4/4 Police Officer, and v. shall not involve himself in any criminal activities in future. In case of any violation of the aforesaid terms and conditions by the applicant, Akram Ali, the bail granted to him in the aforesaid Palasbari Police Station Case No. 269/2025 shall stand liable to be revoked. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant