Page No.# 1/4 GAHC010011452025 2025:GAU-AS:1446 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./162/2025 ISMAIL HUSSAIN AND ANR S/O ABDUL KARIM SK. VILL- BOROBALU P.S. SUKCHAR DIST. SOUTH SALMARA MANKACAR, ASSAM 2: RAKIBUL ISLAM SK @ ROKIMUDDIN S/O ROFIKUL ISLAM SK. VILL- BERABHANGA P.S. SUKCHAR DIST. SOUTH SALMARA-MANKACHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.02.2025 1. Heard Mr. A.Z. Ahmed, the learned counsel for the petitioners. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor, Assam. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioners, namely, 1. Ismail Hussain and 2. Rakibul Islam Sk@Rokimuddin, who has been detained behind the bars since 12.01.2025 (for the last 30 days) in connection with Sukchar P.S. Case No. 04/2025 under Section 303(2)/317(2)/3(5) of the BNS read with Section 13(1)/16 of Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 10.01.2025, one Ankurjyoti Borah, had lodged an FIR before the Officer-In-Charge of Sukchar Police Station, inter alia, alleging that the petitioners were found involved in trying to smuggle cattle to Bangladesh for their illegal gain and two numbers of cattle were seized in this case. 4. The learned counsel for the petitioners has submitted that the allegations levelled in the FIR are not true. The petitioner No. 2 is the owner of the cattle. 5. It is also submitted that nothing was recovered from their Page No.# 3/4 possession. Further, the learned counsel for the petitioners submits that considering the period of detention already undergone by the petitioners, they may be allowed to go on bail. 6. On the other hand, the learned Additional Public Prosecutor, Assam, has produced the Case Diary of Sukchar P.S. Case No. 04/2025 and has submitted that there are incriminating materials against the petitioners. He however, submits that the investigation has fairly progressed. 7. I have considered the submissions made by the learned counsel for the parties as well as perused the materials on record, including the Case Diary which was called for. 8. Considering the fact that the petitioners are detained behind the bars for the last 20 days as well as considering the progress made in the investigation, this Court is of the considered opinion that further custodial detention of the above-named petitioners may not be necessary for fair completion of the investigation of this case. 9. In view of the above, the above-named petitioners are hereby allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount each, subject to the satisfaction of the learned Chief Judicial Magistrate, South Salmara with the following conditions:- (i) the petitioner shall appear before the Investigating Police Officer within 7(seven) days from the date of this order and shall co-operate with the investigation; and Page No.# 4/4 (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. With the above observations, this bail application is hereby disposed of. 11. Return the case diary. JUDGE Comparing Assistant