Page No.# 1/3 GAHC010045942025 2025:GAU-AS:3884 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Bail Appln./854/2025 BOLAYAT HUSSAIN @ SADDAM S/O ABUL KHAYER VILL-AHMEDPUR GAON NO. 2 P.S. BIHPURIA DIST. LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR N ZAMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 02-04-2025 Page No.# 2/3 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 petitioner is behind bars since 13.02.2025 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 petitioner that the petitioner is in custody since 13.02.2025. Nothing has been recovered from the possession of the petitioner. However, it is a fact that he is a genuine purchaser and purchased a cattle in bonafide belief. He further submitted that the petitioner is behind the bars for last 47 days and hence considering the length of detention the petitioners may be released on bail. However, he is ready and willing to co-operate with the Investigating Officer in further investigation of the case, if he is granted the privilege of bail. 5. Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that the stolen cow is recovered from the vehicle of the present accused/petitioner and it is suspected that he purchased the cow knowingly that it is a stolen cow. Accordingly, he submits that it is not at all a fit case to grant the privilege of bail to the petitioner at this stage. Page No.# 3/3 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/petitioner on bail. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Lakhimpur, North Lakhimpur. The accused/petitioner, namely Bolayat Hussain @ Saddam, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner 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 him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Lakhimpur, North Lakhimpur without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant