Page No.# 1/3 GAHC010005072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./68/2025 ATAUR RAHMAN AND ANR S/O LATE ABDUL BARIK, RESIDENT OF VILLAGE BHAGAWATIPUR MONTOLA, PO BHAGAWATIPUR, PS PANDUL, DIST MADHUWALI BIHAR 2: MOHOMMAD MOSTAFA S/O LATE MOHOMMAD AHMED RESIDENT OF VILLAGE BHAGAWATIPUR MONTOLA PO BHAGAWATIPUR PS PANDUL DIST MADHUWALI BIHA VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MD A RAHMAN, A W AMAN,MR SARFRAZ NAWAZ,MR. SURAJIT DAS,SAMIM RAHMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 29.01.2025 Heard Mr. S. Nawaz, learned counsel for the petitioners. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor appearing for the State. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioners, namely, Ataur Rahman and Mohommad Mostafa, have prayed for grant of bail in connection with Gossaigaon P.S. Case No.206/2024 under Sections 325, 3(5), BNS, 2023 R/W Section 13(1)/14 of the Assam Cattle Preservation Act 2021. The matter relates to carrying of huge quantity of beef in a truck bearing registration no.NL-07AA-3383 from Kishanganj, Bihar to Assam. Learned counsel for the petitioners has submitted that petitioners are the driver and handyman of the said truck from which beef was recovered and subsequently seized. As per direction of the owner of the vehicle, they arranged for transportation of the same and they are not directly involved with the alleged offence. Apart from that, the petitioners have been languishing in judicial custody for last 32 days since their arrest on 28.12.2024. Considering the length of detention, prayer for bail may be considered. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary and submits that both the petitioners confessed their fault during investigation that they used to bring such beef from Kishanganj, Bihar to Assam, which is banned in the State of Assam. So, he has made objections in granting bail to the petitioners. Page No.# 3/3 I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. On perusal of case diary, it reveals that substantial part of investigation has been completed. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioners is not necessary in the interest of investigation of the case. Accordingly, the petitioners, named above, shall be released on bail, on furnishing bail bond of Rs.20,000/- each with a suitable surety each of the like amount, to the satisfaction of learned SDJM, Gossaigaon. The direction for bail is further subject to the conditions that the petitioners: (a) shall not leave the territorial jurisdiction of learned SDJM, Gossaigaon without prior written permission from him/her; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) 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 them from disclosing such facts to the Court or to any police officer. Return case diary. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant