Page No.# 1/4 GAHC010268542025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3905/2025 ATABUR RAHMAN AND ANR S/O LATE SAHMAT ULLAH, R/O UTTAR PHUTAKOLONG, P.S. RUPAHIHAT, DIST. NAGAON, ASSAM. 2: WAIJ UDDIN S/O LATE RAHMAN ULLAH R/O DAKHIN PHUTAKOLONG P.S. RUPAHIHAT DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MR. MD IMDAD,MD IMRAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Page No.# 2/4 15.12.2025 Heard Ms. F. Hussain, learned counsel appearing for the accused/applicants. Also heard Mr. D. P. Goswami, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of BNSS, 2023 praying for bail of the accused – applicants in connection with Rupahihat P.S. Case No. 391/2025 under Sections 303(2)/317(2) of BNS, 2023 read with Sections 11(1)(a)(b)(c)(d) of the prevention of Cruelty to Animals Act, 1960 read with Section 13(1) of Assam Cattle Preservation Act, 2021 and read with Section 192(A) of the Motor Vehicle Act, 1988. The gist of the allegation as alleged in the FIR dated 26.11.2025 is that while on routine night patrolling duty, Police received certain information about loading of cattle at about 04:00 A.M. 10 nos. of cattle were recovered from the accused – applicant no. 1 and 2. It was also alleged in the FIR that there is a suspicion of the accused – applicants being involved in cattle theft, transporting and smuggling of the same without any valid documents. The Case Diary as called for vide order dated 04.12.2025 has been produced. I have perused the same. The learned counsel for the accused/applicants submits that the accused/applicants were arrested only on suspicion and they are not involved in the instant case and considering their length of detention for Page No.# 3/4 the last 19 days, this Court may consider releasing the accused/applicants under any terms and conditions. The learned Addl. P.P., however, objected to the prayer for release of the accused/applicants at this stage. This Court finds that the accused/applicants were arrested on 27.11.2025 and since then they are behind the bars. The cattle have already been recovered. Considering the facts and circumstances as a whole in it’s entirety, this Court is of the opinion that further custodial detention of the accused/applicants are not required at this stage. Accordingly, it is directed that that the accused/applicants shall be released forthwith on bail on furnishing a bail bond of Rs.20,000/- each with a surety of like nature each to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Kaliabar, Nagaon, subject to the following conditions :- (1) That the accused/applicants shall cooperate with the investigation and shall appear before the Investigating Officer as and when called for. (2) That the accused/applicants shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; (3) That the accused/applicants shall not commit any offence while on bail. Page No.# 4/4 In view of the aforesaid directions, the Bail Application is disposed of. JUDGE Comparing Assistant