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2026 DAILYLAW 16443 (GAU)

ANOWAR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./3400/2026 · 2026-10-14

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010236672026 2026:GAU-AS:15799 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3400/2026 ANOWAR HUSSAIN SON OF - AMJAD ALI, RESIDENT OF VILLAGE - CHOTA BARJANA, P.O. - BARJANA, P.S. - JOGIGHOPA, DISTRICT - BONGAIGAON, ASSAM PIN -783382, VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR G CHAMUAH, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 15.10. 2026 Heard Mr. G. Chamuah, learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Mr. D.P. Goswami, learned Addl. P.P. for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting bail to the applicant, namely, Anowar Hussain, who is detained illegally then arrested and later on forwarded on 27th September, 2026 in connection with the Abhayapur Police Station Case No. 263/2026 under Sections 298 of the BNS, 2023, R/W Sections 13 (1) of the Assam Cattle Preservation Act, 2021. 3. The learned counsel for the petitioner has drawn attention to the First Information Report, where the allegations is against another person for having been found with suspected meat of around 17 kg. On an earlier occasion while considering the anticipatory bail petitions of the co-accused, this Court had granted an interim protection to the co-accused in AB No. 2563/2026 by the order dated 09.10.2026. The allegations against the present petitioner as apparent from the forwarding report is that he had helped the petitioner in AB No. 2563/2026, to escape from the place of apprehension. 4. In the facts and circumstances of the case and also keeping in view that the petitioner has been in custody since 27.09.2026 and co-accused has been granted interim protection, I am of the considered opinion that the further custodial interrogation of the petitioner on the basis of allegations that he had helped another person free from the scene is not required. Accordingly bail application is allowed. The petitioner shall be allowed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two local sureties of the like amount to the satisfaction of the learned SDJM, North Salmara, Abhayapur, Assam, who shall be at liberty to impose such other conditions as may be necessary to ensure that the petitioner does not in any manner interfere with the investigation of the case. Page No.# 3/3 5. Accordingly, this bail application stands disposed of JUDGE Comparing Assistant