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2025 DAILYLAW 25421 (GAU)

HASEN ALI v. THE STATE OF ASSAM

Bail Appln./3776/2025 · 2025-11-30

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010258602025 2025:GAU-AS:16404 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3776/2025 HASEN ALI S/O AKBAR ALI, R/O PADMAPUKHURI, PIPELINE BAZAR, PS GOSSAIGAON, DIST KOKRAJHAR, ASSAM, PIN 783360 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A W AMAN, MR. SURAJIT DAS,SAMIM RAHMAN,MD A RAHMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.12.2025 1. Heard Mr. S. Nawaz, learned counsel for the accused-applicant. Also heard Mr. K. K. Das, learned Additional Public Prosecutor, representing the State respondent. Page No.# 2/3 2. This is an application filed under Section 483 of the BNSS, 2023, praying for granting bail to the accused-applicant in connection with Gossaigaon PS Case No. 146/2025 under Sections 303(2)/299/325/3(5) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021. 3. The gist of the allegation made in the FIR dated 25.09.2025 is that two persons namely, Mofijul Sk and Omed Ali Sk, have been found stocking beef meat and transporting the same by using a motorcycle belonging to the accused- applicant. 4. After registration of the case, the police has arrested the accused-applicant on suspicion that the accused-applicant is involved in transporting the alleged beef and also suspected to be involved in smuggling of cattle. 5. The learned counsel appearing for the accused-applicant submits that the two accused persons named in the FIR, have been granted bail by this Court and he submits that the motorcycle was in fact sold to the aforesaid two accused persons by the accused-applicant some time back. He further submits that there is no specific allegation against the accused-applicant of selling any beef meat and the forwarding report of the accused-applicant does not transpire any specific allegation of cattle smuggling by the accused-applicant. He further submits that the accused-applicant has already spent 20 days behind the bar. In view of the aforesaid, he submits that the accused-applicant should be granted bail at this stage. 6. The learned Additional Public Prosecutor appearing for the State respondent submits that there are material against the accused-applicant depicting involvement of the accused applicant in cattle smuggling, which is apparent from the forwarding report submitted by the Police. Therefore, he opposes the bail. Page No.# 3/3 7. This Court after considering the materials brought before this Court as well as in consideration of the submissions made by the learned counsel appearing for the respective parties, is of the opinion that, this is fit case wherein the accused- applicant should be allowed to go on bail. 8. Accordingly, the accused-applicant is directed to be released forthwith on furnishing of bail bond of Rs. 50,000/- (Fifty Thousand only) with surety of like nature to the satisfaction of the learned Court of SDJM (M), Gossaigaon, 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 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