Page No.# 1/3 GAHC010202992026 2026:GAU-AS:14014 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2797/2026 AKHER ALI AND ANR S/O LATE LALCHAND SK. R/O- BALLAMGURI, PS- GOSSAIGAON, DIST- KOKRAJHAR,ASSAM 2: MOYNAL HOQUE SON OF SAMSUL HOQUE R/O- SARAGAON P/S- DOTMA DIST- KOKRAJHAR ASSA VERSUS THE STATE OF ASSAM REP.BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS ASFIA AHMED,MR AZIZUR RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 22.09.2026 Heard Mr. M.K. Hussain, learned counsel for the accused and also heard Mr. B. Page No.# 2/3 Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by two accused, namely, Akher Ali and Moynal Hoque, who have been languishing in jail hazot since 08.09.2026, in connection with Gossaigaon P.S. Case No.208/2026, under Section 303(2)/317(2)/3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021 read with Section 11(1)(a) of the Prevention of Cruelty to Animals Act, 1960, for grant of bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Rajib Kalita, S.I. of Police, on 08.09.2026. The essence of allegation, in the FIR, dated 08.09.2026, is that on 06.09.2026, at about 8:30 a.m., he received information that some cattle smugglers have been illegally transporting suspected stolen/illegally procured cattle from West Bengal to Assam through the Sonkosh River, via Jaraguri PGR village. Then, he along with police party reached the bank of the Sonkosh River and noticed 4/5 persons suspected to be cattle smugglers, crossing the Sonkosh River by boat, while taking several cattle through the river by holding them with ropes and then noticing the police party, 4/5 persons had jumped into the river and managed to flee away and that the informant had recovered three cattle and during the course of preliminary investigation, he came to know that one Akher Ali, Aizal Ali, Nazrul Islam and Moynal Hoque are involved in the said offence of illegally transporting and trading of cattle across the State border. 4. Mr. 4. Mr. Hussain, learned counsel for the accused, submits that the accused were arrested on 08.09.2026, and since then they are languishing in jail hazot for last 15 days and that the I.O. got sufficient time for investigation and their further custodial detention may not be required in the interest of investigation and therefore, it is contended to allow this application. Page No.# 3/3 5. Per contra, Mr. Sarma, learned Additional P.P., has produced the case diary before this Court and on the basis of the materials collected in the case diary, he submits that some of the accused are absconding and yet to be arrested and investigation is going on and if the accused are enlarged on bail at this stage, it may hamper the investigation and therefore, it is contended to dismiss the petition. 6. Having heard the submission of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record and also perused the case diary produced before this Court by Mr. Sarma, learned Addl. P.P. 7. The case diary indicates that the I.O. has achieved substantial progress in the investigation of the case and it also appears that the accused are languishing in jail hazot for last 15 days. And in view of the progress achieved in the investigation of the case, their further custodial detention seems to be unwarranted here in this case. And therefore, this Court is inclined to allow this application. 8. It is provided that on furnishing a bond of Rs.20,000/- each, with one surety of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon, the accused persons, namely, Akher Ali and Moynal Hoque, shall be enlarged on bail. 9. In terms of above, the bail application stands disposed of. 10. Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE