Page No.# 1/3 GAHC010016992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/201/2025 SONAMIAH FOKIR AND ANR S/O ISMAIL FORKIR, VILL- KAMARPARA, P.S.GOSSAIGAON, DIST. KOKRAJHAR, ASSAM 2: ASHU BELAL SHEIKH @ BILAL HUSSAIN S/O AYNAL HOQUE SEIKH VILL- GOSSAIGAON P.S.GOSSAIGAON DIST. KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR. SURAJIT DAS,MD A RAHMAN,MS SURAYA RAHMAN,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 17.02.2025 1. Heard Mr. A. W. Aman, the learned counsel for the petitioner. Also heard Mr. P.S. Page No.# 2/3 Lahkar, the learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023, filed by the petitioner namely Sonamiah Fokir and Ashu Belal Sheikh @ Bilal Hussain who are apprehending arrest in connection with Serfanguri P.S Case No.26/2024 under Sections 303(2)/317(2)/3(5) of BNSS, 2023 read with Section 11(i) Prevention of Cruelty to Animal Act, 1960 read with Section 13/14 of Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 27.11.2024 one Utchab Nath lodged an FIR before the Officer-In-charge of Serfanguri P.S, inter alia, alleging that during night patrolling duty at Serfanguri P.S area the police team noticed one vehicle bearing registration no. AS 01 DS 2580 and saw 3 unidentified person abandoning the vehicle and fleeing from the scene. Thereafter on arrival of other police staff at the spot, 2 stolen cows and the vehicles was seized there from. 4. The learned counsel for the petitioners has submitted that the petitioners are in no way involved in the offence alleged in the FIR. He submits that they are the employees of Arun Sangma, who is the owner of the seized vehicle. 5. The learned counsel for the petitioners submits that one of the arrested accused in this case namely Jakir Ali Sheikh has implicated the names of the present petitioners in the alleged offences and hence they are apprehending their arrest. 6. The learned counsel for the petitioners submits that the petitioners are ready to co-operate in the investigation. 7. On the other hand the learned Additional Public Prosecutor for the State has vehemently opposed the grant of anticipatory bail to the present petitioner on the ground that the present petitioners are the main accused involved in the commission of the alleged offence as transpires from the materials collected during the investigation, he has placed the Case Diary of the Serfanguri P.S Case No.26/2024 before the Court. Page No.# 3/3 8. I have considered the submissions made by the learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State and has gone through materials available on record including the Case Diary. 9. Though the learned counsel for the petitioners has submitted that the petitioners are not involved in the alleged offence in any manner and they are only the employees of the owners of the seized vehicle, however on perusal of the Case Diary it appears that at this stage of investigation there are incriminating materials against the present petitioners which shows they are implicitly in the offence alleged in this case and therefore at this stage when one of the co-accused has been detained behind the bars, this Court is of the considered opinion that as the investigation is still at the initial stage this Court is not inclined to grant the benefit of Section of 482 of the BNSS to the present petitioners at this stage. 10. Therefore the prayer for bail is rejected at this stage. JUDGE Comparing Assistant