Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 15591 (GAU)

SRI NITYANANDA KAMAN v. THE STATE OF ASSAM

AB/2343/2026 · 2026-09-29

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010207742026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2343/2026 SRI NITYANANDA KAMAN S/O LATE BHUBAN CH KAMAN R/O- VILLAGE - BILMUKH, P.O.- BILMUKH, P.S.- GHILAMARA, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY P.P. ASSAM. Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 30.09.2026 1. Heard Mr. B. Islam, the learned counsel appearing for the accused applicant. Also heard Ms. A. Begum, the learned Additional Public Prosecutor for the State respondent Page No.# 2/3 2. The instant pre-arrest bail application has been filed under Section 482 of BNSS, 2023, by the accused-applicant for releasing him on pre-arrest bail in connection with Boginadi P.S. Case No. 80/2026, under Section 11(1)(a)/11(1)(d) of Prevention of Cruelty to Animals Act, 1960. 3. An FIR was lodged on 25.07.2026 before the Officer-in-Charge, Boginadi Police Station, to the effect that on 24.07.2026, police received certain information about illegal transporting of certain cattles by a vehicle. 4. On reaching the spot, the police recovered 20 cattles from the said vehicle and three persons have been apprehended, namely Saidul Ali, Hasmat Ali, and Safir Ali. 5. on the basis of the FIR, police registered the Boginadi Police Station Case No. 80/2026. 6. Upon investigation, it is found that the vehicle, as well as the cattle belong to the accused-applicant, who is supposedly a certified cattle trader under the Assam Husbandry & Veterinary Department, Government of Assam. 7. The learned counsel appearing for the accused-applicant submits that he is a genuine purchaser of cattle and trader. 8. He submits that the vehicle and the cattle which had been seized by the police, have already been given zimma to him upon consideration of the relevant documents by the court. He submits that in view of the aforesaid, the accused-applicant should be granted pre-arrest bail. Page No.# 3/3 9. The learned APP has submitted that the charge-sheet in the instant case has already been submitted, vide, Charge Sheet No. 77/2026 dated 04.08.2026. 10. Taking into account entire facts of the case and on perusal of the CD, this Court is of the considered opinion that accused-applicant should be granted pre-arrest bail. 11. Accordingly, it is directed that in the event of arrest of the accused- applicant, the accused-applicant shall be released on pre-arrest bail on furnishing of a bail bond of Rs. 30,000/- with a surety of like amount to the satisfaction of CJM, Lakhimpur, North Lakhimpur, subject to the condition that the accused-applicant shall appear before the trial court as and when required. 12. In terms of the aforesaid direction, the instant AB application is disposed of. JUDGE Comparing Assistant