Page No.# 1/3 GAHC010023482026 2026:GAU-AS:1883 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./378/2026 AIN UDDIN S/O- LATE ABDUL BAREK, R/O- VILL-TEKUNA, PS- LAKHIPUR, DISTRICT- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : S S AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 11-02-2026 Heard Mr. S.S. Ahmed, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor appearing on behalf of the State respondent. Page No.# 2/3 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 17.01.2026 in connection with Bogribari P.S. Case No. 05/2026 u/s 305(a) of BNS Act. 3. It is submitted by Mr. Ahmed that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the FIR. Further, he submitted that the petitioner is an agriculturist by occupation and had purchased 4 nos. of cows from one Shahadat Ali and the police on the basis of information had seized the 4 nos. of cows from his possession on 16.01.2026. In the same time he also shows that vide another seizure list on 19.01.2026 two other numbers of cows have been seized from possession of another persons and thus till now out of 7 nos. of stolen cows till date 6 had already been recovered as per the seizure list. Further, he submitted that the accused/petitioner is in custody since last 25 days and hence his further custodial interrogation may not be necessary for the purpose of investigation at this stage. Further being a permanent resident of the addressed locality there is no chance of absconding rather he will extent his cooperation in further investigation of this case. 4. Mr. Borthakur, the learned Additional Public Prosecutor submitted in this regard that 4 nos. of cows are already seized from his possession and 2 nos. of cows are also seems to be recovered from possession of another person. But, the involvement of the present accused-petitioner cannot be denied at this stage and Case Dairy will reveal the fact of the case and accordingly he insisted to call for the Case Diary. 5. Hearing the submissions made by learned counsel for both sides, all other aspects of the case including the recovery of the stolen cow as well as the days Page No.# 3/3 of detention already undergone by the accused-petitioner, I find that further custodial interrogation may not be necessary for the interest of the investigation. In view of this, I find it is a fit case to enlarge the accused/petitioner on bail. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Kokrajhar. The accused/petitioner, namely Ain Uddin, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kokrajhar without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant