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2026 DAILYLAW 2515 (GAU)

MD ABJARUL ISLAM AILAS HUSSAIN v. THE STATE OF ASSAM

AB/455/2026 · 2026-03-05

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/4 GAHC010042472026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/455/2026 MD ABJARUL ISLAM AILAS HUSSAIN S/O AKBAR ALI, R/O-VILL-OUANA, P.S.- RUPOHIHAT, DIST- NAGAON ,ASSAM 2: MD RIAJ UDDIN S/O TALIM UDDIN R/O-VILL-GEREKANI BEEL P.S.- DHING DIST- NAGAON ASSA VERSUS THE STATE OF ASSAM REP. VBY THE PP ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, Linked Case : AB/371/2026 ROFIQUL ISLAM S/O ABDUL MANNAN Page No.# 2/4 RESIDENT OF VILLAGE GORIABORI GAON PO LOCHANBORI DIST MORIGAON ASSAM 782126 VERSUS THE STATE OF ASSAM REP BY PP ASSAM ------------ Advocate for : MR. M A I HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : AB/397/2026 MD AKBOR ALI AND 2 ORS. S/O HIRALAL ALI R/O-VILL-D-GAON P.S.- TEOK DIST- JORHAT ASSAM 2: MD ASHAD ALI AHMED S/O KUDUROTDDIN AHMED R/O-VILL-KAKOJAN PURANI GAON P.S.- TEOK DIST- JORHAT ASSAM 3: MD MERAJ KHAN S/O MAHMUD KLHAN R/O-VILL-NEW COURT ROAD P.S.- TINSUKIA DIST- TINSUKIA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. T CHUTIA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2026 These applications having arisen out of the same FIR are taken up together for disposal by this common order. 2. Heard Mr. T Chutia as well as Mr. M A I Hussain the learned counsel appearing for the petitioners. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 3. This batch of applications have been filed under Section 482 of the BNSS, 2023 in respect of Demow P.S. Case No. 86/2025. 4. 4 (four) trucks bearing registration numbers AS-23CC-4669, AS-03CC-5844, AS-03CC- 5803, AS-01RC/4846 were illegally carrying 45 numbers of cattle in total. 5. The petitioners Rofiqul Islam, Md. Akbor Ali, Md. Ashad Ali Ahmed and Mr. Meraj Khan are the owners of the trucks, whereas the petitioners Abjarul Islam @Hussain and Md. Riaj Uddin have claimed to be owners of the aforesaid cattle. 6. Mr. Goswami has submitted that the petitioners did not have the permission to transport cattle in their trucks. 7. Mr. Chutia has submitted that the petitioners Abjarul Islam @Hussain and Riaj Uddin have necessary documents to show that they had purchased the cows at Madavpur Bordhuma Weekly Market. 8. I have considered the submissions made by the learned counsel of both sides. 9. This Court is of the opinion that the petitioners do not deserve to be detained in custody for the allegation (s) brought against them. Therefore, the bail applications of the petitioners are allowed. 10. It is hereby directed that in the event of their arrest in connection with Demow P.S. Case No.86/2026, the petitioners Rofiqul Islam, Md. Akbor Ali, Md. Ashad Ali Ahmed and Mr. Meraj Khan, Abjarul Islam @ Hussain and Md. Riaj Uddin shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the arresting authority. Page No.# 4/4 11. All the petitioners shall cooperate with the Investigating Officer as and when called for. With the aforesaid direction, this batch of bail applications are disposed of. JUDGE Comparing Assistant