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2025 DAILYLAW 27623 (GAU)

MOFIJUL SK AND ANR v. THE STATE OF ASSAM

Bail Appln./3411/2025 · 2025-11-02

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010229602025 2025:GAU-AS:14811 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3411/2025 MOFIJUL SK AND ANR S/O HASEN ALI R/O BABUBIL PADMAPUKHURI P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM 2: OMED ALI SK. @ UMED ALI SHEIKH S/O PATARU SK R/O PADMAPUKHURI P.S. GOSSAIGAON DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S Y AHMED, MR. N H BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.11.2025 1. Heard Mr. S.Y Ahmed, learned counsel for the petitioner. Also heard Mr. K.K Das, Page No.# 2/2 learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 483 of the BNSS, 2023 praying for grant of bail to the petitioners Mofijul SK and Omed Ali Sk @ Umed Ali Sheikh who were arrested in connection with Gossaigaon P.S Case No. 146/2025 under Section 303(2)/299/325/3(5) of BNS, 2033 R/W Section 13(1) of the Assam Cattle Preservation Act, 2021 corresponding to G.R Case No. 162/2025. 3. On 25.09.2025, Omed Ali Sk @ Umed Ali Sheikh was carrying beef in his motorcycle. On the other hand, Mofijul SK had slaughtered a cow from where the beef was carried by Omed Ali Sk @ Umed Ali Sheikh. It is alleged in the FIR that the aforesaid acts were done in an area dominated by Hindu population. 4. The petitioners are in custody for about 48 days till now. 5. After considering the submissions made by learned counsel for both the sides, this Court is of the opinion that the period of detention already undergone by the petitioners shall be taken up as a ground for releasing them on bail. Accordingly, the bail application is allowed. 6. The petitioners Mofijul SK and Omed Ali Sk @ Umed Ali Sheikh, who were arrested in connection with Gossaigaon P.S Case No. 146/2025 shall be released on bail of Rs. 25,000/- each with sureties of the like amount to the satisfaction of the Ld. S.D.J.M, Gossaigaon. 7. The bail application is disposed of. JUDGE Comparing Assistant