Page No.# 1/3 GAHC010147392026 2026:GAU-AS:11020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1636/2026 ASHIK ALI ALIAS PANSHU S/O- USMAN ALI PERMANENT RESIDENT OF CHAULKHUWA GHARBANDI CHUK, P.S.- DIBRUGARH, DIST.-DIBRUGARH ASSAM, PIN NO. 786001 VERSUS THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, STATE OF ASSAM Advocate for the Petitioner : MR. S SARMA, S J KALITA,B SAHA,MR B P SARMAH,MR D DAS,MR. C CHAKRAVARTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.08.2026 Heard Mr. C. Chakrabarty, learned counsel for the applicant and Mr. P. Barthakur, learned Additional Public Prosecutor for the State respondent. 2. This application, under Section 482 BNSS, 2023, is preferred by the applicant, namely, Ashik Ali @Panshu, who has been apprehending arrest in Page No.# 2/3 connection with Tengakhat P.S. Case No. 12/2025, registered under Section 61(2)/303(2) of the BNS, 2023, read with Section 11(1)(a) of the Prevention of Cruelty to Animals Act, 1960, read with Section 13 of the Assam Cattle Preservation Act, 2021. 3. It is to be noted here that the above-noted case has been registered on the basis of one FIR lodged by one Jiten Gohain, ASI of Police, Tengakhat Police Station, Dibrugarh, on 04.02.2025. The essence of allegation against the present accused is that on 04.02.2025, at about 12:30 AM, while the informant, along with O/C Tengakhat P.S. and staff, were performing night patrolling duty at Borpool Tiniali, they found one while colored Swift vehicle, bearing registration No. AS-06- AB-0857, and when the Police signaled the said vehicle to stop, the vehicle did not stop and instead, it struck against a police vehicle, bearing registration No. AS-06- CC-0686. Thereafter, one unknown person from the vehicle fled away, but police managed to apprehend two persons from the vehicle, in injured condition and on enquiry, they came to know that the name of the two persons were Alif Khan and Azad Ali, and the person who fled the scene was Ashik Ali and they all hail from Choulkhuwa, Dibrugarh. Thereafter, police conducted search in the vehicle in presence of some local people, and found one red coloured cow, with her legs tied with a rope. On being asked, the apprehended persons revealed that the said cow was grazing at Duliajan road, then they lifted her and were taking her to Choulkhuwa, Dibrugarh, for slaughtering. They also informed the police that another person, namely, Abdul Taqdir @Brushli is also involved in the said theft. 4. Mr. Chakrabarty, learned counsel for the applicant, submits that the applicant is innocent and he is no at all involved with the offences alleged in the FIR and that, he is ready to cooperate with the investigating agency and therefore, he has contended to allow the application. Page No.# 3/3 5. Per contra, Mr. Barthakur, learned APP for the State respondent, has vehemently opposed the petition. By producing the case diary, Mr. Barthakur submits that the I.O. has collected sufficient incriminating materials against the accused and investigation is going on and that, the accused has been absconding since commission of the offence and his custodial interrogation is necessary in the interest of the investigation and therefore, he has contended to dismiss this petition. 6. Having heard the submission of the learned counsel for the petitioner, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Barthakur, learned APP for the State respondent. 7. Case diary indicates sufficient incriminating materials, showing complicity of the applicant with the offences alleged in the FIR. It also appears that the applicant has been evading police arrest and his custodial interrogation seems to be indispensible in the interest of the investigation. 8. Under the aforementioned facts and circumstances and also, considering the nature and gravity of the offence, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicant and accordingly, the same stands dismissed. 9. Case diary be returned. JUDGE Comparing Assistant