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2025 DAILYLAW 7639 (GAU)

MD MAIJUL ALI @ MOFIJUL ALI AND ANR v. THE STATE OF ASSAM

AB/337/2025 · 2025-03-18

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010031212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/337/2025 MD MAIJUL ALI @ MOFIJUL ALI AND ANR S/O AHED ALI R/O 2 NO. ORANG BASTI P.S. NORTH LAKHIMPUR P.O. KHONAJAN, PIN NO. 787031 DIST. LAKHIMPUR, ASSAM 2: MD. KADAM ALI @ MD.KUDDOM HOSSAIN @ MD. KADAM HUSSAIN S/O ALI NEWAJ R/O BARBAM PATHAR SILONIBARI P.S.NORTH LAKHIMPUR P.O. SILONIBARI PIN NO. 787301 DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M RAHMAN, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 19.03.2025 1. Learned Counsel Mr. M.Rahman is present for the petitioners, 1. Md. Maijul Ali @ Mofijul Ali, 2. Md. Kadam Ali @ Md. Kuddom Hussain @ Md. Kadam Hussain who have filed this application under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as they are apprehending arrest in connection with North Lakhimpur PS Case No. 246/2024, under Sections 331(4)/305/3(5) of the BNS. 2. Mr. D.P.Goswami, learned Addl.Public Prosecutor is present for the respondent State. 3. I have considered the submissions at the Bar with circumspection. 4. I have also scrutinized the case diary. 5. The allegation against the petitioners is that they are accused of cow theft. The prime accused has already been arrested in connection with this case. It is further submitted that cows were not stolen by the petitioners as the cows were found in the place of occurrence. 6. Case diary reveals that investigation has progressed substantially. The petitioners are willing to co-operate with the remaining part of the investigation. 7. The petitioners have pledged to abide by any conditions of bail, if imposed upon them. Page No.# 3/3 8. Considering all the aspect, the anticipatory bail application is allowed. 9. In the event of arrest of the petitioners named above, they shall be released on pre-arrest bail on furnishing bail bond of Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions: i) That the petitioners shall appear before the I.O. within one week from today and shall co-operate with the investigation, ii) That the petitioners shall appear before the Investigating Officer on every fortnight till completion of investigation, iii) That the petitioners shall refrain from such activities of which they are alleged, iv) That the petitioners shall not leave the jurisdiction of the court without prior permission. 10. On breach of any of the above conditions, anticipatory bail shall automatically stand cancelled. JUDGE Comparing Assistant