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2025 DAILYLAW 5297 (GAU)

BAHARUL ISLAM v. THE STATE OF ASSAM

AB/33/2025 · 2025-04-03

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/2 GAHC010001842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/33/2025 BAHARUL ISLAM S/O SHARAFOT ALI R/O MORISHUTI PAM, P.O. KURANIBOR, MORIGAON, ASSAM, PIN-782411 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : M. HOSSAIN, MS. A SULTANA,MR. ABU LAISE Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 04.04.2025 Heard Mr. M. Hossain, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam. 2. Apprehending his arrest, the petitioner, namely, Baharul Islam, son of Sharafot Ali, resident of Morishuti Pam, P.O.-Kuranibor, Morigaon, Assam has filed this application under Section 482 of the BNSS, 2023 seeking pre-arrest bail in Jagiroad Police Station Case No. 139/2024 registered under Sections 61(2)/303(2) BNS, 2023 read with Section 13 (1) of the Assam Cattle Preservation Act, 2021 and read with Sections 11(1) (a) (b) of Page No.# 2/2 the Prevention of Cruelty to Animal Act, 2021. 3. The Court by order dated 06.03.2025 granted interim pre-arrest bail to the petitioner in said Jagiroad P.S. Case No. 139/2024, directing him to appear before the concerned Investigating Officer of the case on or before 13.03.2025. 4. Mr. B Sharma, learned APP, Assam from the case diary submitted that the petitioner appeared before the concerned I.O. of the case on 13.03.2025 and his statement has already been recorded. It is also stated that the petitioner is cooperating with the investigation of the case. 5. Considering the above, this Court is of the opinion that custodial detention of the petitioner, Baharul Islam, is not warranted for investigation of said Jagiroad P.S. Case No. 139/2024. 6. As such, this pre-arrest bail application of the petitioner in said Jagiroad P.S. Case No. 139/2024 is accepted. 7. Accordingly, the interim pre-arrest bail granted to the petitioner on 06.03.2025 in said Jagiroad P.S. Case No. 139/2024 is hereby made absolute, subject to the full compliance of the terms and conditions as specified in the said order dated 06.03.2025. 8. Any violation of the terms and conditions as specified in the order dated 06.03.2025, noted above, by the petitioner, Baharul Islam, the pre-arrest bail granted to him in said Jagiroad P.S. Case No. 139/2024 shall stand automatically vacated. 9. This pre-arrest bail application accordingly stands disposed of. 10. Return the case diary herewith. JUDGE Comparing Assistant