Page No.# 1/4 GAHC010245442025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2635/2025 ROSHIDUL HOQUE S/O ARAFAT ALI R/OSHIDUL HOQUER/O. GERUAMUKH, NAGAONP.S. NAGAON.DISTRICT- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 14.11.2025 Heard Mr. F. Haque, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for Page No.# 2/4 granting pre-arrest bail to the accused-applicant in connection with Garchuk P.S. Case No. 287/2025, under Sections 303(2) of BNS, 2023 read with Section 13/1 of the Assam Cattle Preservation Act 2021 and read with Section 11 of the Prevention of Cruelty to Animals Act. 3. The brief facts as alleged in the FIR lodged on 18.10.2025, are that a truck bearing Registration No. AS-25-DC-6909, carrying 28 nos. of cattle, was intercepted at Garchuk by the police while carrying those cattle from Lakhimpur to Barnihat for sell. It was alleged in the FIR that those cattle were being carried without any valid permit or documents. The police arrested the persons present in the truck. Accordingly, after enquiry, it was found that the accused-applicant is the owner of the cattle as well as of the truck. 4. Since the police have been sending messages to appear before the police, the accused-applicant is apprehending arrest in the instant case and therefore, he has filed this instant pre-arrest bail application to allow him to go on bail. 5. The learned counsel for the accused-applicant submits that he is the bonafide purchaser and owner of the 28 nos. of cattle and he has obtained the requisite certificate from the Veterinary Department about the soundness of the cattle for transportation. The learned counsel further submits that the truck carrying the cattle does not belong to him and in fact, he has hired the truck for transportation. The learned counsel submits that though he was transporting those cattle for sell but, he was not involved in any illegal activity which is in violation of the Assam Cattle Preservation Act 2021. The learned counsel further submits that since the accused-applicant has already appeared before the Investigating Officer and fully co-operating in the matter, he prays that the accused- applicant should be allowed to go on pre-arrest bail. 6. Mr. B. Sarma, learned Addl. P.P. submits that there are various incriminating materials against the accused-applicant in the Case Diary and he has been implicated by the persons arrested to be involved in the transportation of the cattle. The learned Page No.# 3/4 counsel further submits that the required permit, under Section 7 of the Assam Cattle Preservation Act 1971 was not obtained by the accused-applicant while transporting those cattle. The learned counsel submits that the accused-applicant is, in fact, the owner of the truck by which the cattle were being transported, which could be seen from the sale agreement dated 09.06.2025 with one Miras Akhtar Hussain. Therefore, the learned counsel submits that the accused-applicant has mis-represented the fact that he is not the owner of the truck. In view of the aforesaid submission, the learned Addl. P.P. submits that this is not a fit case wherein, the accused-applicant should be granted the privilege of pre-arrest bail. 7. This Court has gone through the materials available on record and also heard the submissions of the learned counsel for the respective parties. 8. After hearing the submissions of both the parties and taking into account the provisions of Assam Cattle Preservation Act 1971, this Court is of the opinion that at this stage, the accused-applicant should be granted the privilege of pre-arrest bail. Accordingly, it is directed that in the event of arrest of the accused-applicant in the instant case, the accused-applicant is directed to be released on bail on furnishing a bail bond of Rs. 50,000/-(Rupees Fifty Thousand only) with a surety of like nature to the satisfaction of the arresting authority, subject to the following conditions: - (i) The accused-applicant shall co-operate with the investigation and shall appear before the Investigating Officer as and when required. (ii) The applicant shall not hamper the investigation or tamper with the evidence or influence witnesses connected with the case. 9. In view of the above, the instant anticipatory bail application is disposed of. JUDGE Page No.# 4/4 Comparing Assistant