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2025 DAILYLAW 6749 (GAU)

TARABUL ISLAM v. THE STATE OF ASSAM

Bail Appln./267/2025 · 2025-02-05

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010020092025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./267/2025 TARABUL ISLAM S/O ABED ALI R/O HOUSE NO. 57,MILIJULI PATH, NEAR SATGAON HIGH SCHOOL, P.O. UDAYAN VIHAR DIST. KAMRUP (M), GUWAHATI- 781171, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A HAWARI, MS. S AHMED,MR B. RAHMAN,MR. S AGARWAL,MR. AMRIT N Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 06.02.2025 Heard Mr. A. Hawari, learned counsel appearing for the accused petitioner as well as Mr. R. R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Tarabul Islam, has prayed for grant of bail in connection with Satgaon P.S. Case No.01/2025 under Section 325 of BNS, 2023 read with Section 13(1)/16 of Assam Cattle Preservation Act. It is submitted by the learned counsel for the petitioner that 25 kgs of beef was seized from the shop of the petitioner’s father in the name and style “Abed Ali Beef Shop”. It is further submitted that since 2001 his father is running the said business of selling of beef in his shop. It is also stated that the father of the petitioner has a trade license of selling beef issued by the GMC in the year 2021 which is valid up to March, 2025. Learned Counsel has submitted that the petitioner has been languishing in judicial custody for last 37 days since his arrest on 01.01.2025. Considering the length of detention, prayer for bail may be considered. On the other hand, Mr. Kaushik, learned Additional Public Prosecutor though objected in granting bail but admitted that as the alleged beef has been seized, length of detention may be considered. In view of the submission of learned counsel for both the parties, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of ongoing investigation of the case. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.30,000/- (Rupees Thirty Thousand) with one suitable surety of like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M), Guwahati. The direction for bail is further subject to the conditions that the accused- petitioner: Page No.# 3/3 (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup(M), Guwahati without prior written permission from him/her. (b) shall not hamper with the investigation and 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. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant