Page No.# 1/4 GAHC010045942025 2025:GAU-AS:3884 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./664/2025 ANARUL HAQUE AND ANR. S/O MD. ASRAF ALI VILL-SONIPUKHURI RANGPURIA P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM 2: MOFIDUL ALI S/O MD. HAZRAT ALI VILL-KADAM TENGABASTI P.S. BOGONODI DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A K PURKAYASTHA, MR N ZAMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 02-04-2025 Page No.# 2/4 Heard Mr. S. Munir, the learned counsel appearing on behalf of Mr. A.K. Purkayastha, the learned counsel for the petitioners and also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioners are behind bars since 16.02.2025 in connection with Bihpuria P.S. Case No. 30/2025 u/s 331(4)/305(b)/317(4)/111/313 BNS, 2023 R/W Section 11(a)(d)(e) of the Prevention of Cruelty to Animals Act, R/W Section 13(1) of Assam Cattle Preservation Act, 2021. 3. Case Diary is received. Perused the same. Heard both sides. 4. It is submitted by Mr. Munir, the learned counsel for the petitioners that the petitioner no. 1 is in custody since 45 days and the petitioner no. 2 is in custody since last 47 days. Nothing has been recovered from the possession of the petitioners. However, they got arrested in connection with the case only on the basis of a statement made by the accused himself when he was arrested while they were carrying cattle in his private vehicle. He further submitted that the petitioners are behind the bars for considerable period and hence considering the length of detention the petitioners may be released on bail. However, they are ready and willing to co-operate with the Investigating Officer in further investigation of the case, if they are granted the privilege of bail. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that the petitioner no. 1 is the cow lifter and the petitioner nos. 2 was involved in stealing of cattle along with some other co-accused person and there Page No.# 3/4 are sufficient incriminating materials so far collected by the Investigating Officer against the present accused-petitioners. Accordingly, he submits that it is not at all a fit case to grant the privilege of bail to the petitioners at this stage. 6. Heard the submissions made by learned counsel for both sides, I have also gone through the Case Diary. However without going into the merit of case and only considering the length of detention already undergone by the accused/petitioner, I find that the Investigating Officer has got sufficient time to interrogate the present accused-petitioner in custody and hence I find that further custodial interrogation may not be necessary for the interest of investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioners on bail. 7. Accordingly, the accused/petitioners be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned CJM, Lakhimpur, North Lakhimpur. The accused/petitioners, namely [1] Anarul Haque and [2] Mofidul Ali, be enlarged on bail, subject to the following conditions:- (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned CJM, Lakhimpur, North Lakhimpur without prior permission. Page No.# 4/4 The Bail Application stands disposed of. JUDGE Comparing Assistant