Page No.# 1/4 GAHC010028002025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/353/2025 SRI NURJAMAL HOQUE AND 3 ORS S/O AUWAL HOQUE ALIAS AWAL HOQUE ALIAS PAGLA, RESIDENT OF JHAPUSABARI , PART IV, (ARTHA KHANDA), P.S GOLAKGANJ, DISTRICT DHUBRI, ASSAM, PIN 78335, 2: SRI NUR ISLAM ALI S/O AUWAL HOQUE @ AWAL HOQUE @ AUJAL SHEIKH @ PAGLA RESIDENT OF JHAPUSABARI PART IV (ARTHA KHANDA) P.S GOLAKGANJ DISTRICT DHUBRI ASSAM PIN 78335 3: SRI NUR MOHAMMED HOQUE S/O AOUWAL SK. @ AWAL HOQUE @ PAGLA RESIDENT OF JHAPUSABARI PART IV (ARTHA KHANDA) P.S GOLAKGANJ DISTRICT DHUBRI ASSAM PIN 78335 4: SMTI. RAHENA BIBI W/O SRI NUR ISLAM ALI RESIDENT OF JHAPUSABARI PART IV (ARTHA KHANDA) P.S GOLAKGANJ DISTRICT DHUBRI ASSAM PIN 7833 Page No.# 2/4 VERSUS THE STATE OF ASSAM REP BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 03.03.2025 1. Heard Mr. A. A. R. Karim, learned counsel for the petitioners. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners who are apprehending their arrest in connection with Agomani P.S. Case No. 03/2025 under Sections 61(2)/126(2)/132/324(4) of BNS read with Section 13(1) of Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 05.01.2025, one Shri Bhadra Sharma, SI of Police of Agomani Police Station had lodged an FIR before the Officer-in-charge of Agomani Police Station, inter alia, alleging that on receipt of an information through secret sources that the accused persons named in the FIR had kept large number of cattle in their residence for illegal benefit and for smuggling the same to Bangladesh, the police team went to the residence of the petitioners. 4. It is further stated in the FIR that when the police team reached the house of the petitioners they found five numbers of cattle in the residential Page No.# 3/4 campus of the petitioners. When the police team tried to seize the said cattle, the petitioners resisted the police team in performing their duty and that the petitioners have destroyed two mobile phones belonging to the police. 5. The learned counsel for the petitioners has submitted that the allegations levelled in the FIR are not true. It is submitted that the cattle belong to the petitioners and the police team came to the house of the petitioners and tried to unauthorizedly take away the cattle without any search warrant. It is further submitted by the learned counsel for the petitioners that no FIR prior to said search was lodged alleging anything against the petitioners. There is no accusation that the cattle which the police tried to unauthorizedly seize were stolen cattle. 6. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Agomani P.S. Case No. 03/2025 and has opposed the grant of anticipatory bail to the present petitioners on the ground that there are sufficient incriminating materials against the present petitioners in the case diary. 7. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record including the case diary of Agomani P.S. Case No. 03/2025. 8. On perusal of the case diary, it appears that when the police team went to the residential area of the present petitioners, no FIR was lodged alleging any commission of offence against the present petitioners. Neither any search warrant was obtained by the police team before conducting the search of the house of the petitioners. Under such circumstances, the act of entering into the residential area of the petitioners, without any search warrant and Page No.# 4/4 thereafter trying to take away the cattle of the petitioners is itself a questionable act though done by the police. The prosecution side has failed to show as to in absence of an FIR and a search warrant, under what authority the police had searched and tried to take away cattle of the petitioners. 9. Be that as it may, on perusal of the case diary, it appears that the Investigating Officer has recorded the statement of relevant witnesses. Hence, this Court is of considered opinion that if the petitioners co-operate in the investigation, their custodial interrogation may not be necessary for fair completion of the investigation of Agomani P.S. Case No. 03/2025. 10. In view of above, this anticipatory bail application is disposed of with a direction to the petitioners to appear before the Investigating Officer of Agomani P.S. Case No. 03/2025 within a period of 10 days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest, they shall be released on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one surety of like amount, subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioners shall co-operate in the investigation; (ii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer or to any Court. JUDGE Comparing Assistant