Page No.# 1/3 GAHC010048782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/579/2025 SADDAM HUSSAIN, S/O-JALAL UDDIN, RESIDENT OF VILLAGE GERUA ATI, P.S-KHATOWAL DISTRICT- NAGAON, ASSAM, PIN- 782140. VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, GOVT. OF ASSAM Advocate for the Petitioner : MR S DEWRI, MR A DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 02/04/2025 Heard Mr. A Deka, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. Apprehending his arrest, the petitioner, namely, Saddam Hussain, son of Jalal Uddin, resident of Village-Gerua Ati, P.S. Khatowal, District-Nagaon, has filed this application on 04.03.2025 under Section 482 BNSS, 2023, seeking pre-arrest bail in Khatowal Police Station Case No. Page No.# 2/3 01/2025 registered under Sections 112/303(2) of BNS read with Section 11(1)(a)(d)(e)(f) of Preservation of Cattle Act, 1960 read with Section 192A of M.V. Act, corresponding to G.R. No. 65/2025. 3. The petitioner is an FIR named accused in said Khatowal P.S. Case No. 01/2025 under Sections 112/303(2) of BNS read with Section 11(1)(a)(d)(e)(f) of Preservation of Cattle Act, 1960 read with Section 192A of M.V. Act. 4. As per the FIR dated 08.01.2025, the case is that on receipt of specific information from source, police personnel from Samaguri Police Station at Penai Tiniali in the morning around 04:10 AM intercepted a Kia Sonet vehicle that was plying without any number plate. From the said vehicle, police recovered one white colour female cow with one red colour male calf and apprehended one person, namely, Guljar Hussain. However, the petitioner and another, namely, Sadik Ali of Juria fled away from the place of occurrence taking advantage of the darkness. Accordingly, said FIR was registered as Khatowal P.S. Case No. 01/2025 under Sections 112/303(2) of BNS read with Section 11(1)(a)(d)(e)(f) of Preservation of Cattle Act, 1960 read with Section 192A of M.V. Act, corresponding to G.R. No. 65/2025. 5. Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that pursuant to the interim bail granted to the petitioner on 13.03.2025 in said Khatowal P.S. Case No. 01/2025, he appeared before the concerned Investigating Officer of said Khatowal P.S. Case No. 01/2025 and his statement has been recorded by the concerned Investigating Officer on 19.03.2025. 6. From the case diary, Mr. Sarma, learned Additional Public Prosecutor, Assam also submitted that the petitioner is co-operating with the investigation of the case. 7. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 8. It is also seen that the concerned Kia Sonet vehicle as well as the female cow and the red colour male calf have been recovered and seized by police. 9. Considering such materials in the case diary, the Court is of the view that custodial detention of the petitioner, named above, is not warranted to investigate the said Khatowal P.S. Case No. 01/2025. As such, this pre-arrest bail application of the petitioner is accepted. Page No.# 3/3 10. The petitioner, namely, Saddam Hussain is already on interim bail in said Khatowal P.S. Case No. 01/2025 granted to him earlier by this Court on 13.03.2025 and the same is hereby made absolute, subject to the full compliance of the terms and conditions as specified in the said order dated 13.03.2025. 11. Violation of any of the aforesaid terms and conditions as specified in the said order dated 13.03.2025, noted above, the pre-arrest bail granted to the petitioner in said Khatowal P.S. Case No. 01/2025 shall stand automatically vacated. 12. Accordingly, this pre-arrest bail application stands disposed of. 13. Return the case diary. JUDGE Comparing Assistant