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2026 DAILYLAW 12448 (GAU)

MD. MAYNUL HOQUE @ MAYNUL HOQUE AND ANR v. THE STATE OF ASSAM

Bail Appln./1869/2026 · 2026-08-16

Robin Phukan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010139812026 2026:GAU-AS:11654 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1869/2026 MD. MAYNUL HOQUE @ MAYNUL HOQUE AND ANR S/O- SAMSUL HOQUE, RESIDENT OF PACHIM BORAGAON, P.S- GORCHUK, DIST- KAMRUP METRO, ASSAM 2: MD MUSLIMUDDIN ALIAS MUSLIMUDDIN S/O- MIYA CHAND ALI RESIDENT OF PALHAZI P.S- BARPETA DIST- BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR A HAWARI, MR. S ISLAM,A R MONDAL,MR. H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 17.08.2026 Heard Mr. S. Islam, learned counsel for the accused persons and Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This application, under Section 483 of the BNSS, is preferred by accused Page No.# 2/3 persons, namely Md. Maynul Hoque @ Maynul Hoque and Md. Muslimuddin @ Muslimuddin, who have been languishing in jail hazot, in connection with the Gorchuk PS Case No. 117/2026, under Section 13(1) of the Assam Cattle Preservation Act, for granting bail. 3. The aforementioned case has been registered on the basis of one FIR lodged by SI Rahul Baruah of Gorchuk Police Station, on 29.05.2026. 3.1. The essence of allegation made in the FIR is that acting on a tip-off, the police personnel of Gorchuk Police Station conducted a raid in the house of one Md. Maynul Hoque, located at Pochim Boragaon. During search, some persons were found involve in slaughtering of cattle and recovered some articles including slaughtered cattle head and meat from the place of occurrence and thereafter, seized the same in presence of witnesses. 4. Mr. Islam, learned counsel for the accused persons, submits that this Court, vide order dated 02.07.2026, had granted interim bail to the present accused persons and pursuant to the said order, they have appeared before the IO and their statements have been recorded and therefore, Mr. Islam has contended to make the interim order dated 02.07.2026, absolute in the same terms and conditions. 5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, submits that he has not received the case diary. But, as per his instructions, the IO has submitted charge-sheet before the learned trial court, being Charge-Sheet No. 142/2026, dated 28.06.2026. 6. In view of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this application by directing the accused to appear before the learned trial court on or before 16.09.2026 and to apply for regular Page No.# 3/3 bail and in event of filing such an application, the learned Court below shall consider the same in accordance with law. 7. Till then, the interim order, dated 30.06.2026, stands extended. JUDGE Comparing Assistant