Page No.# 1/3 GAHC010045232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./658/2025 CHAMER ALI @ SAMER ALI @ SUMER ALI AND ANR. S/O AYNAL HAQUE R/O GHUGUJHORA,PT.-I, P.S. BOGRIBARI DIST. DHUBRI, ASSAM 2: GIYAS UDDIN S/O LT.SURAT ALI R/O BANIAMARI PT.VI P.S. GAURIPUR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 13.03.2025 Heard Mr. M. Baruah, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Chamer Ali @ Samer Ali @ Sumer Ali and Giyas Uddin, have prayed for bail in connection with Bagribari P.S. Case No. 03/2025 under Section 303/305(a) of BNS, r/w Section 13(1)/16 of Assam Cattle Preservation Act, 2021. 3. The matter relates to theft and smuggling of cattle. It has been submitted by the learned counsel for the petitioners that the petitioner No. 1 has completed the mandatory period of 60 days in judicial custody and charge sheet has not been submitted as such, he is entitled for default bail. It is also submitted that the petitioner No. 2 has been languishing in judicial custody for last 56 days since his arrest on 16.01.2025. Considering the background of the case, the petitioners may be enlarged on bail. 4. Mr. Goswami, learned Additional Public Prosecutor for the State has produced the case diary and submits that length of detention may be considered. 5. I have considered the submissions made by the parties. I have also perused the case diary. 6. Considering the background of the case as well as length of detention of the petitioners, this Court is inclined to grant bail to the petitioners. 7. Accordingly, the petitioners, named above, shall be released on bail in connection with Bagribari P.S. Case No. 03/2025 under Section 303/305(a) of BNS, r/w Section 13(1)/16 of Assam Cattle Preservation Act, 2021, on furnishing bail bond of Rs.30,000/- each with one suitable surety each of the like amount, to the satisfaction of learned CJM, Kokrajhar, Assam. 8. The direction for bail is further subject to the conditions that the petitioners: (a) shall not leave the territorial jurisdiction of learned CJM, Assam without prior Page No.# 3/3 written permission from him/her; (b) 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; (c) shall not hamper with the investigation, or tamper with the evidence of the case. 9. In the view of the above, the bail application stands disposed of. 10. Send back the case diary. JUDGE Comparing Assistant