Page No.# 1/3 GAHC010022212025 2025:GAU-AS:1817 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/265/2025 HELAL UDDIN S/O AFTAR ALI RESIDENT OF VILLAGE SERPUR PART- I, PO BARAIGRAM, PS PATHARKANDI, DIST SRIBHUMI, ASSAM 788723 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR S DAS, P J DAS Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20-02-2025 Heard Mr. S. Das, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. 2. Apprehending his arrest, the petitioner namely, Helal Uddin, son of Aftar Ali, resident of village-Serpur, Part-I, P.O.-Baraigram, P.S.-Patharkandi, District- Sribhumi (Karimganj) has filed this application on 04.02.2025 under Section 482 Page No.# 2/3 BNSS, 2023 seeking pre-arrest bail in Bazaricherra Police Station Case No. 11/2025 corresponding to G.R. No. 98/2025 registered under Sections 303(2) of the BNS, 2023, read with Section 13 (1) of the Assam Cattle Preservation Act, 2021. 3. As per the FIR dated 17.01.2025, lodged by the complainant before the Bazaricherra Police Station, District-Sribhumi (Karimganj), the case is that, his cow was stolen in a white colour Maruti Wagon-R Car bearing Registration No.AS-10-G-3540 by the driver of the said vehicle along with another helper. Though the locals and the police personnel tried to stop the said vehicle by chasing the thieves, but the thieves managed to flee away from the scene and the public along with police personnel failed to stop the said vehicle. 4. The petitioner herein is the owner of said white colour Maruti Wagon-R Car bearing Registration No.AS-10-G-3540. 5. From the case diary placed before the Court today by Mr. Goswami, learned Addl. PP, Assam that was called for by the Court by order dated 10.02.2025, it is seen that there was independent eye witnesses to the incident that the cow of the complainant was forcefully taken into the said white colour Maruti Wagon-R Car bearing Registration No.AS-10-G-3540 by its driver along with a helper and both the thieves along with said white colour Maruti Wagon-R Car bearing Registration No.AS-10-G-3540 fled away from the scene. 6. Case diary also reveals that till date, neither the cow of the complainant, nor the said white colour Maruti Wagon-R Car bearing Registration No.AS-10-G- 3540 could be recovered by police. 7. Considering such materials in the case diary and the involvement of the petitioner in the alleged crime, the Court is of the view that it is not a fit case to Page No.# 3/3 grant pre-arrest bail to the petitioner in said Bazaricherra P.S. Case No. 11/2025. 8. Accordingly, this pre-arrest bail application of the petitioner namely, Helal Uddin, son of Aftar Ali in said Bazaricherra P.S. Case No. 11/2025 stands rejected. 9. Return the case diary. JUDGE Comparing Assistant