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2026 DAILYLAW 15902 (GAU)

MAINUL HOQUE v. THE STATE OF ASSAM

Bail Appln./2594/2026 · 2026-10-05

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010188712026 2026:GAU-AS:14901 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2594/2026 MAINUL HOQUE SON OF MIRAJUDDIN, RESIDENT NO. 1 BARUA PATHAR, P.O.- BARUAPATHAR, P.S.- BOKO, IN THE DISTRICT OF KAMRUP, ASSAM, PIN- 781136 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M R SODIAL, MS S Z HAYAT,MR B ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.10.2026 Heard Mr. M. R. Sodial, learned counsel for the accused and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent. 2. This application, under Section 483 of the BNSS, 2023, is preferred by the Page No.# 2/3 accused, namely, Mainul Hoque, who has been languishing in jail hajot since 23.08.2026, in connection with Dhupdhara P.S. Case No. 43/2026, under Sections 303(2)/317(2) of the BNS, 2023, read with Sections 11(1)(a)/11(1) (d)/11(1)(e) of the Prevention of Cruelty to Animals Act, 1960, and 13(1) the Assam Cattle Preservation Act, 2021. 3. Mr. Sodial, learned counsel for the accused, submits that vide Order, dated 07.09.2026, the accused was granted the privilege of interim bail by this Court. And pursuant to the said order, he has appeared before the I.O. and his statement has also been recorded. He also submits that the accused has been cooperating with the investigating agency and under such circumstances, he has contended to make the interim Order, dated 07.09.2026, absolute, in the same terms and conditions. 4. Per contra, Mr. B. Sarma, learned APP, submits that in the meanwhile, investigation has already been completed and the I.O. has submitted charge- sheet, vide charge-sheet No. 61/2026, dated 26.09.2026. 5. Since, after completion of investigation, the I.O. has submitted charge- sheet and also, pursuant to the order of this Court, dated 07.09.2026, the accused has been cooperating with the investigating agency; the custodial detention of the accused seems to be unwarranted in the interest of the investigation. 6. And accordingly, this Court is inclined to make the interim order dated 07.09.2026, absolute, in the same terms and conditions. Page No.# 3/3 7. In terms of the above, this bail application stands disposed of. JUDGE Comparing Assistant