Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./662/2025 RAJA DOLEY AND 2 ORS. S/O- BIDYADHAR DOLEY, R/O- VILL- MAJGAON, PS GHILAMARA, DIST- LAKHIMPUR, ASSAM, PIN- 787053 2: AMDADUL S/O ABDUL AWAL R/O VILL- HARIPAR P.S. JAGIROD
DIST. MORIGAON ASSAM PIN-782015 3: AFAZUDDIN S/O NURUDDIN R/O VILL- HARIPAR
P.S. JAGIROAD
DIST. LAKHIMPUR ASSAM PIN-78210 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 03.04.2025
Heard Mr. S. Munir, learned counsel appearing for the accused petitioners as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioners, namely, (1) Raja Doley (2) Amdadul and (3) Afazuddin, have prayed for grant of bail in connection with Morigaon P.S. Case No.63/2025 under Sections 303(2)/317(2)/BNS, R/W Section 13(1)/16 of Assam Cattle Prevention Act. R/W Section 11(1)(a)/11(1)(e) /11(1)(i) of Prevention of Cruelty to Animal Act (Corresponding to GR Case No. 273/2025). It is submitted by the learned counsel for the petitioners that the petitioners are the driver, handyman and helper of a truck bearing No.AS-15-AC-9256 from which 32 numbers of cattle were recovered. It is further submitted that the accused petitioners have been languishing in judicial custody for last 38 days since their arrest on 24.02.2025 and the cattle have already been recovered. It is further submitted that the owner of the cattle has already been granted pre-arrest bail by this Court. In view of the above, the petitioners may be enlarged on bail. Mr. P. Borthakur, learned Additional Public Prosecutor has produced the case diary and submitted that length of detention may be considered as substantial part of investigation has been completed. In view of the submission of learned counsel for both the parties and considering
Page No.# 3/3 the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioners is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioners, named above, shall be released on bail of Rs.30,000/- (Rupees Thirty Thousand) each with one suitable surety each of like amount to the satisfaction of learned CJM, Morigaon, Assam.
The direction for bail is further subject to the conditions that the accused- petitioners: (a) shall not leave the territorial jurisdiction of learned CJM, Morigaon, Assam without prior written permission from him/her. (b) shall not hamper with the investigation and tamper with the evidence of the case; (c) 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. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant