Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010272862025
2025:GAU-AS:17194
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2918/2025 RAJIBUL ALI S/O NURUL HOQUE, R/O VILL. KHANAPARA, P.O. KHANGRA, P.S.
TARABARI, DIST. BARPETA, ASSAM 781305 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MR. S RAHMAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MR. JUSTICE RAJESH MAZUMDAR
ORDER 11.12.2025 Heard Mr S M Abdullah P, learned counsel appearing for the petitioner. Also heard Mr K K Parashar, learned Additional Public Prosecutor appearing on behalf of the State of Assam.
2. This application has been filed under Section 482 of the BNSS, 2023, praying for granting pre-arrest bail to the accused/petitioner, namely, Rajibul Ali, in connection with
Page No.# 2/3 Gorchuk PS Case No. 322/2025, under Section 303(2) of the BNS, 2023, read with Sections 13 (1) of the Assam Cattle Preservation (Amendment) Act, 2021, read with Section 11 of the Prevention of Cruelty to Animals Act, 1960.
3. The learned counsel for the petitioner has drawn the attention of this Court to the
order dated 02.12.2025, passed by this Court in AB No. 2815/2025, whereby he submits that the owner of the cattle had been granted anticipatory bail. He has also referred to the
order dated 04.12.2025, passed by the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (Metro), whereby the zimma of the cattle has been handed over to the person claiming to be the owner of the cattle.
4. The learned counsel for the petitioner submits that in the present situation, the owner of the truck who is the petitioner herein, may also be granted the privilege of pre- arrest bail, so that he may participate in the investigation process and also pray for zimma of the vehicle etc..
4. Learned Additional Public Prosecutor has objected to the prayers, stating that allowing the privilege of pre-arrest bail to the petitioner may hamper or tamper with the investigation.
5. This Court after going through the materials brought before this Court and after hearing the submissions made by the learned counsel for the respective parties, is of the considered opinion that the accused applicant can be allowed the privilege of pre-arrest bail. Accordingly, it is directed that in the event of arrest of the accused petitioner, named above, by the arresting authority, he shall be allowed to go on bail on furnishing a bail bond of Rs.30,000/- with two sureties of the like amount to the satisfaction of the Investigating Authority of Gorchuk P.S. Case No. 322/2025, subject to the following conditions: i) That the accused/petitioner shall appear before the concerned Investigating Officer within a period of 7(seven) days of passing of this order;
Page No.# 3/3 ii) That the accused/petitioner shall not hamper or temper with the evidence of the instant case in any manner; and iii) That the accused/petitioner shall fully cooperate with the investigation of the case by appearing before the I.O of the case, as and when call for by the I.O. iv) That the accused/petitioner will not try to establish communication with informant and/or witnesses in any manner whatsoever.
6. In view of the above aforesaid directions, the instant anticipatory bail application is
disposed of as allowed.
JUDGE Comparing Assistant