MD HABIJUL ISLAM ALIAS HAFIJUL ISLAM AND 2 ORS. v. THE STATE OF ASSAM
Bail Appln./782/2026 · 2026-07-27
Robin Phukan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 11174 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11174 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010053812026
2026:GAU-AS:10313
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./782/2026 MD HABIJUL ISLAM ALIAS HAFIJUL ISLAM AND 2 ORS. S/O MD JALAL UDDIN, R/O VILL HATIPARA, PS RUPAHIHAT, DIST NAGAON, ASSAM 2: MD AMINUL HOQUE S/O MD JALAL UDDIN R/O VILL HATIPARA PS RUPAHIHAT DIST NAGAON ASSAM 3: MD MUSTAFA AHMED S/O MD AKBAR ALI R/O VILL HATIPARA PS RUPAHIHAT DIST NAGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR J C BORAH, Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 28.07.2026 Heard Mr. J. C. Borah, learned counsel for the accused and Mr. P. Barthakur, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application, under Section 483 of the BNSS, 2023, is preferred by the accused persons, namely, (i) Md. Habijul Islam @ Hafijul Islam, (ii) Md. Aminul Hoque and (iii) Md. Mustafa Ahmed; who were arrested on 04.03.2026, in connection with Gohpur P.S. Case No. 28/2026, registered under Sections 303(2)/317(2)/3(5) BNS, 2023, read with Section 13(1) of Assam Cattle Preservation Act, 2021, read with Section 11(1)(a)(d) of Prevention of Cruelty to Animals Act, 1960, and this Court, vide order dated 17.03.2026, granted interim bail to the accused. 3. It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one Jodu Gogoi, Head Constable of Howajan Police Outpost, Police Station-Gohpur, on 03.03.2026. The essence of allegation against the accused is that on 03.03.2026, at about 3:30 PM, the accused persons had carried 8 nos. of cattle from Lakhipur side towards Gohpur, in a vehicle bearing registration No. AS-02-DC-8045 (Yodha) illegally, in an unhygienic manner and without valid documents. 4. It is also to be noted here that while granting interim bail vide order dated 17.03.2026, the case diary was called for. Today, Mr. Barthakur, learned APP
Page No.# 3/3 submits that in the meantime, charge-sheet has been submitted by the police, being Charge-sheet No. 39/2026, dated 30.04.2026, after completion of investigation and accordingly, Mr. Barthakur submits that the accused persons may be directed to appear before the learned Trial Court and comply for regular bail and this bail application may be closed. 5.
Having considered the submissions of the learned counsel for both the parties, this Court is inclined to close this application, by directing the accused persons to appear before the learned Trial Court and to apply for regular bail. And it is also provided that on such application being filed, the learned Trial Court shall consider the same in accordance with law. 6. Till then, the interim order dated 17.03.2026, shall continue. JUDGE Comparing Assistant