Page No.# 1/3 GAHC010066022025 2025:GAU-AS:4510 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/768/2025 ABDUL MOTIN AND ANR S/O-SAMAN ALI,R/O-VILL-BARKANDA,TAMAKABARI PART III, P.O- GASHBARI,P.S-BOGRIBARI, DIST-KOKRAJHAR,BTAD, ASSAM, PIN-783348 2: GOLAM HUSSAIN S/O-MOBARAK ALI R/O-VILL-183 TUSHPARA P.O AND P.S-BILASIPARA DIST-DHUBRI ASSAM.PIN-78334 VERSUS THE STATE OF ASSAM REP. BY THE P.P ASSAM Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.04.2025 1. Heard Ms. L. Sarkar, learned counsel for the petitioners. Also heard Mr. Page No.# 2/3 P. Borthakur, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioners, namely, (1) Abdul Motin and (2) Golam Hussain, who are apprehending their arrest in connection with Bogribari P.S. Case No. 98/2024 under Section 196(2)/298/299/325 of the BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021. 3. The gist of accusation in this case is that on 30.12.2024, one Ratanlal Saha, had lodged an FIR before the Officer-In-Charge of Bogribari Police Station, inter alia, alleging that on that day, a suspicious bag containing blood stain was kept in the said bag containing meat. It is stated in the FIR that the said act was done to create religious disharmony. 4. The learned counsel for the petitioners has submitted that the petitioners are in no way involved in the offence alleged in this case. She also submits that in the meanwhile, 3(three) accused persons, namely, 1. Nur Islam, 2. Sahidul Islam and 3. Ahad Ali were arrested in connection with this case and they were already granted bail by a co-ordinate bench of this Court. 5. She further submits that the petitioners are ready to co-operate in the investigation. 6. On the other hand, the learned Additional Pubic Prosecutor appearing for the State has produced the Case Diary of Bogribari P.S. Case No. 98/2024. 7. I have considered the submissions made by the learned counsel for both the sides. 8. Considering the progress made in the investigation, as well as the submissions made by the learned counsel for both the sides, this Court is of the considered opinion that if the petitioners co-operate in the investigation, their Page No.# 3/3 custodial detention may not be necessary for fair completion of the investigation. 9. Hence, both the above-named accused persons are directed to appear before the Investigating Officer of Bogribari P.S. Case No. 98/2024 and co- operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest, they shall be allowed to go on interim bail of Rs. 30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority, subject to the conditions that:- i. That the petitioners shall cooperate in the investigation and shall appear before the Investigating Officer; and ii. That the petitioners shall not directly or indirectly make any inducement, threat or promise to any other persons who may be acquainted with the facts of the case so as to dissuade such persons from disclosing such facts before the Investigating Officer. 10. With the above observations, this anticipatory bail application is herby disposed of. 11. Send back the Case Diary. JUDGE Comparing Assistant