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2025 DAILYLAW 6374 (GAU)

GOVINDA SARKAR @ GOVE v. THE STATE OF ASSAM

Bail Appln./208/2025 · 2025-01-28

Malasri Nandi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010015112025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./208/2025 GOVINDA SARKAR @ GOVE SON OF MANTU SARKAR, RESIDENT OF JYOTIKUCHI, GUWAHATI, PS AMBARI FATASHIL, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MR. M ALAM Advocate for the Respondent : PP, ASSAM, 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- petitioner, namely, Govinda Sarkar @ Gove, has prayed for grant of bail in Page No.# 2/3 connection with Gossaigaon P.S. Case No.206/2024 under Sections 325, 3(5), BNS, 2023 R/W Section 13(1) 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 petitioner has submitted that petitioner who is a beef dealer in the State of Bihar, used to transport beef in Assam. However, the petitioner has been languishing in judicial custody for last 28 days since his arrest on 30.12.2024. As the alleged beef has been recovered & seized, nothing to remain in investigation of the case. 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 the petitioner confessed his fault during investigation that he used to bring such beef from Kishanganj, Bihar to Assam, which is banned in the State. So, he has made objections in granting bail to the petitioner. I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary. 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-petitioner is not necessary in the interest of investigation of the case. Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount, to the satisfaction of learned SDJM, Gossaigaon. Page No.# 3/3 The direction for bail is further subject to the conditions that the petitioner: (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 him 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