Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010040352026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/421/2026 HASMAT ALI S/O OMAR ALI VILL- SHAOPUR P.S. KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER 23.03.2026
1. Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Hasmat Ali, has prayed for granting pre-arrest bail, apprehending arrest in connection with Golakganj P.S. Case No. 25/2026, registered under Section
Page No.# 2/3 303(2)/318(4)/317(2)/3(5) R/W Section 13(1) of Assam Cattle Reservation Act, 2021. 3. The aforesaid case was registered based on an FIR dated 05/02/2026, lodged by a police official with the allegation that on that day in the morning while being on duty, one truck bearing registration No. AS 25 FC 4796 coming from West Bengal towards Dhubri was intercepted and upon search, 12 numbers of cattle in unhealthy conditions were recovered and it is suspected that they were being carried for transportation to Assam or Bangladesh. 4. Two persons were arrested from the vehicle, the driver and handyman and subsequently, the learned court below was pleased to release them on bail. The copy of the said bail order has been produced before the Court. The present petitioner is not named in the FIR and is stated to be the owner of the vehicle. Submitting the relevant order in this regard it is submitted that on 26.02.2026, zimma of the vehicle was given in favor of the petitioner by the learned trial court. 5. The case diary has been received along with a bail application. 6. The IO has objected to the bail and the learned Additional Public Prosecutor supports the bail application. 7. I have produced the statements of the driver and handyman and they were subsequently released on bail and they have not implicated the petitioner. In fact, Saidul Islam has stated that he carried the cattle due to his greed for money. 8. Seen the progress of investigation. In my considered view subject to suitable conditions if bail is allowed, the investigation may not be
Page No.# 3/3 prejudiced. 9. Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with above mentioned case, he shall be released on furnishing bail bond of Rs.30,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority.
The direction for pre-arrest bail is subject to the conditions that the petitioner: (i) shall cooperate with remaining investigation, (ii) shall not hamper or tamper with the evidence of the case. (iii) shall not commit any illegal activities, including any activities relating to the Cattle Act and Prevention of Cruelty to Animals Act. 10. Accordingly, this anticipatory bail application stands allowed and
disposed of.
11. Return the case diary.
JUDGE Comparing Assistant