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2025 DAILYLAW 6688 (GAU)

SRI JAKIR ALI SK v. THE STATE OF ASSAM

Bail Appln./292/2025 · 2025-02-09

Sanjay Kumar Medhi

body2025

Judgment text

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Page No.# 1/2 GAHC010019162025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./292/2025 SRI JAKIR ALI SK S/O SUMAN ALI SK, RESIDENT OF NO. 2 SERFANGURI, P.S GOSSAIGAON, DISTRICT KOKRAJHAR, BTC ,ASSAM , PIN 783346 VERSUS THE STATE OF ASSAM TO BE REP BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MR S RAHMAN,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 10.02.2025 Heard Shri A.A.R. Karim, learned counsel for the petitioner, who has filed this petition under Section 483 of the BNSS praying for bail in connection with Serfanguri P.S. Case No. 26/2024, u/s 303(2)/317(2)/3(5) of BNS r/w Section 11(i) of the Prevention of Cruelty to Animal Act, 1960 r/w Sections 13/14 of the Page No.# 2/2 Assam Cattle Preservation Act, 2021 corresponding GR No. 546/2024. The petitioner has been arrested on 24.12.2024. The learned counsel for the petitioner has submitted that the petitioner is not a named accused and he is in custody for the last 48 days. Ms. N. Das, learned Addl. Public Prosecutor, Assam has however submitted that the arrest is made only on some materials which are revealed during the investigation. Considering the rival submissions and also taking into consideration the nature of the accusation as would reveal from the FIR dated 27.11.2024, this Court is of the opinion that the appellant, who is in custody for the last 48 days is required to be enlarged on bail. Further custodial detention in the present nature of accusation would not be justified. Accordingly the bail petition stands allowed directing release of the petitioner on bail on furnishing a bail bond of Rs.10,000/- (Ten Thousand) with one surety of like amount subject to the satisfaction of learned CJM, Kokrajhar. The petitioner is however required to render full cooperation with the investigation and subsequent development in the case and not to influence any witnesses / tamper evidence. JUDGE Comparing Assistant