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2026 DAILYLAW 15122 (GAU)

SIDDIQUE SIKDAR AND 2 ORS. v. THE STATE OF ASSAM

AB/1990/2026 · 2026-09-24

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010178972026 2026:GAU-AS:14247 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1990/2026 SIDDIQUE SIKDAR AND 2 ORS. S/O. KASHEM SIKDAR 2: RAHIM ALI S/O. LATE JABED ALI 3: SADEK ALI S/O. GAFUR ALI ALL ARE RESIDENTS OF VILLAGE MALIPARA P.S. TARABARI DISTRICT BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 25.09.2026 Heard Mr. B. Chowdhury, learned counsel for the applicants and Mr. P. Page No.# 2/3 Borthakur, learned Additional Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Mukalmua PS Case No. 122/2026, under Sections 303(2)/317(2)/61(2)/336(3)/340(2) of the BNS, read with Section 11(1)(d)(e) and K of the Prevention of Cruelty to Animal Act, read with Section 13 of the Assam Cattle Preservation Act, this application under Section 482 of the BNSS, is preferred by applicants namely, Siddique Sikdar; Rahim Ali and Sadek Ali, for grant of pre-arrest bail. 3. The aforementioned case was registered on the basis of an FIR lodged by one Raju Deka, on 11.08.2026. 3.1. The essence of allegation made in the FIR is that one Kalu Mulla had transported stolen cows with his associates in his boat, in a cruel manner. 4. Mr. Chowdhury, learned counsel for the applicants, submits that this Court was pleased to grant interim protection to the applicants, vide order dated 25.08.2026 and pursuant to the said order, the applicants have appeared before the IO and cooperating with the investigating agency and their statements have also been record and therefore, it is contended to make the interim order dated 25.08.2026, absolute in the same terms and conditions. 5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, by producing the case diary before this court, submits that though the case diary has been received, the same has not been updated since 14.08.2026. 6. Be that as it may, since the applicants have been cooperating with the investigating agency, this Court is of the view that their custodial interrogation may not be warranted here in this case. And therefore, this Court is inclined to make the interim order dated 25.08.2026, absolute in the same terms and condition. 7. In terms of above this AB stands disposed of. Page No.# 3/3 8. The case diary be returned. JUDGE Comparing Assistant