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2026 DAILYLAW 14321 (GAU)

SAHIDUR RAHMAN ALIAS SAHIDUL RAHMAN v. THE STATE OF ASSAM

Bail Appln./2732/2026 · 2026-09-14

Robin Phukan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010199172026 2026:GAU-AS:13632 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2732/2026 SAHIDUR RAHMAN ALIAS SAHIDUL RAHMAN S/O. LATE MAMTAJ ALI, RESIDENT OF VILLAGE DAMPUR, P.S. HAJO, DISTRICT KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 15.09.2026 Heard Mr. N. Ahmed, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This petition, under Section 483, BNSS is preferred by accused, namely, Sahidur Rahman @ Sahidul Rahman, who has been languishing in jail hazot in Page No.# 2/3 connection with Hajo P.S. Case No. 433/2026, under Sections 303(2)/317(4)/3(5) of the BNS, 2023, read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Tankeswar Deka on 06.09.2026, before the Officer-in-charge, Dadara Police Outpost. The allegation against the present accused is that on 06.09.2026, at about 8:30 a.m., one Rafikul Hussain, Sahjahan Ali, Isahaque Ali and Sahidul Rahman were found in possession of beef, which they had carried illegally in four scooters near Lakhimi Hotel, Dadara. 4. Mr. Ahmed, the learned counsel for the accused submits that the accused was arrested on 06.09.2026 and since then, he has been languishing in jail hazot, and that the recovered beef had already been seized by police and also the I.O. got sufficient time for investigation, and as such, further custodial detention of the accused is not warranted in the interest of investigation, and therefore, it is contended to allow the petition. 5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor has vehemently opposed the petition. By producing the case diary before this Court, he submits that the I.O. has collected sufficient incriminating materials against the present accused, and as such, he has contended to dismiss the petition. 6. Having heard the submissions of learned Advocates of both sides, 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. Borthakur, learned Additional Public Prosecutor. 7. It appears that the accused was arrested on 06.09.2026, and since then, Page No.# 3/3 he has been languishing in jail hazot. It also appears that the I.O. has achieved substantial progress in the investigation, and in that view of the matter, further custodial detention of the accused seems to be not warranted in the interest of investigation, and accordingly, this Court is inclined to allow the petition. 8. It is provided that on furnishing a bond of Rs. 10,000/-, with surety of like amount, to the satisfaction of the learned JMFC, Hajo, the accused be enlarged on bail. 9. In terms of above, this bail application stands disposed of. 10. Case diary be returned. JUDGE Comparing Assistant