LAL ALIAS SHIKHAR ARIF AND 2 ORS. v. THE STATE OF ASSAM
AB/2468/2026 · 2026-10-07
Anjan Moni Kalita
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16079 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16079 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010220422026
2026:GAU-AS:15189
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2468/2026 LAL ALIAS SHIKHAR ARIF AND 2 ORS. S/O SADEK ALI, VILLAGE AND PO ISABPUR, PS KALGACHIA, DISTRICT BARPETA, ASSAM 2: AYNAL HOQUE S/O SUKUR ALI VILLAGE GHORAMARA PART 2 P S MERERCHAR DISTRICT BONGAIGAON ASSAM 3: SANOWAR HUSSAIN S/O AMZAD ALI VILLAGE AND P O AMBARI P S ABHAYAPURI DISTRICT BONGAIGAON ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 08.10.2026 Heard Mr. A. K. Azad, the learned counsel for the accused applicants. Also heard Mr. K. K. Parashar, the learned Addl. Public Prosecutor for the State. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre-arrest bail to the accused applicants, namely, 1. Lal @ Shikhar Arif, 2. Aynal
Page No.# 2/3 Hoque and 3. Sanowar Hussain, in connection with Abhayapuri P.S. Case No. 233/2026 registered under Sections 3(5)/3(7)/3(9)/61(2)/305(4)/112/249/307/ 317(4)/317(5)/324(5)/325/351(2) of BNS, read with Section 11(1) of Prevention of Cruelty to Animal Act, 1960, r/w Section 13(1) of the Assam Cattle Preservation Act, 2021 and Sections 4/5/6/7/8/16 of the Cattle Preservation Act, 1951. 3. An FIR was lodged by one Gopinath Boro, ASI, North Salmara Police Station before the Officer-in-Charge of Abhayapuri Police Station alleging inter alia that on 14.09.2026 at around 08.30 am, on receipt of reliable information that a large number of stolen cattle were being illegally transported in two trucks, bearing Nos. AS-28-AC- 2808 and AS-25-FC-4396, which were bound for slaughtering in international market. The police team apprehended the aforesaid vehicles. It is alleged that when they proceeded towards the rear side of the accused applicant Abdul Gafur, they found the said two trucks inside an illegal saw-mill belonging to Abdul Gafur, where the cattle were being unloaded from the trucks by him on his land with other accused persons. It is alleged that on seeing the police staff, both the drivers of the trucks and some other culprits fled away from the place of occurrence. However, the aforesaid Abdul Gafur was apprehended at the spot.
On checking the aforesaid two trucks, a total of 84 cattle were found loaded, 42 each in the aforesaid two vehicles. Two male cattle were found to be dead, while the remaining 82 cattle were alive. Veterinary team was also called for and on checking, they found that two cattle already died and the other cattle were tied in inhumane conditions and they were suffering. The 82 live cattle were handed over on Zimma to the concerned authority of Yashoda Gosala, Dhubri for their safe custody. It is also alleged that during preliminary investigation, the aforesaid Abdul Gafur disclosed that one Lal, owner of the two seized trucks and the two absconding drivers and some other persons were directly involved in the theft and illegal transportation of said cattle and they are a part of an organized crime syndicate, which is involved for a long time in theft, illegal transportation and
Page No.# 3/3 smuggling of the cattle to international market and slaughtering the cattle in violation of the provisions of prevailing law. In the FIR, as per the investigation received, one Lal, Aynal Hoque and Sonowar Hussain have been specifically named and it has been stated that some other persons are also involved. 4. On receipt of the FIR, police registered Abhayapuri P.S. Case No. 233/2026 under the aforementioned section. 5. The learned counsel appearing for the accused applicants submits that the accused applicants are nowhere involved in the instant case and police is searching for them only on suspicion and apprehending their arrest, they have filed the present application praying for granting pre-arrest bail to the accused applicants. 6. On the other hand, the learned Addl. Public Prosecutor opposes the prayer for pre-arrest bail. 7. The case diary in the instant case has been received and the same is perused. 8. Taking into account the materials available in the case diary and having found prime facie incriminating materials about involvement of the accused applicants in the instant case, this Court is not inclined to grant any relief to the accused applicants. Accordingly, the prayer for pre-arrest bail stands rejected at this stage. 9. Return the case diary. JUDGE Comparing Assistant