Page No.# 1/4 GAHC010032772026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./505/2026 DEEPJYOTI DAS AND ANR S/O LATE NAKUL DAS R/O BIJULIBARI P.S. SIPAJHAR DIST. DARRANG, ASSAM MOB. NO. 8474045400 PIN- 784145 2: PANKAJ ALI S/O LATE NAKUL DAS R/O BIJULIBARI P.S. SIPAJHAR DIST. DARRANG ASSAM MOB. NO. 8474045400 PIN- 78414 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 23.02.2026 Heard Mr. A.K. Ahmed, learned counsel for the accused/ applicants. Also heard Mr. K.K. Das, learned APP for the State. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/applicants in connection with Baihata Chariali P.S. Case No.306/2025 registered under Sections 303(2)/317(2)/61(2)/132/109/125 of BNS, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021 read with SEctioins 11(1)(a)/11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. 3. The brief facts of the case are that the informant, attached to Baihata Chariali Police Station, lodged an FIR on 22.12.2025 stating, inter alia, that while he, along with his staff, was conducting patrol duty at Dumnichowki Bridge, they intercepted a truck bearing Registration No. AS-25 CC-4819. The said truck, which was proceeding towards Barnihat from the Dhola side, was found loaded with 34 cattle (29 alive and 5 dead) without valid documents. It is alleged that the said truck was being escorted by a Scorpio vehicle bearing Registration No. AS-01 FS-5102. On noticing the police presence, both vehicles allegedly attempted to flee from the spot. However, the police managed to detain the truck at Dumnichowki Bridge, while the Scorpio vehicle fled from the place of occurrence. It is further alleged that the truck was being driven by one Mainudin and Pankaj Das, and the Scorpio vehicle was driven by one Aftab Hussain and Babu @ Matibur Rahman. During the interception, the Scorpio vehicle allegedly attempted to crash into the police vehicle while trying to escape. Upon search of the detained truck, the police recovered 34 cattle kept Page No.# 3/4 in very poor condition. On receipt of the FIR, the police registered Baihata Chariali P.S. Case No. 306/2025 under the relevant sections of law. The accused/applicants were arrested on 08.01.2026 and have been in judicial custody for the last 30 days. 4. The learned counsel for the accused/applicants submits that both the accused are brothers. It is submitted that Pankaj Das was driving the Scorpio vehicle, in which accused/applicant No. 1 was travelling. Learned counsel contends that the accused/applicants are not the owners of the cattle in question and had no knowledge regarding the alleged illegal transportation or smuggling of cattle. It is further submitted that accused/applicant No. 1 has been in judicial custody for the last 61 days, while accused/applicant No. 2 has been in custody for 30 days. Learned counsel argues that further custodial detention of the accused/applicants is not required at this stage and prays that they be enlarged on bail. 5. On the other hand, the learned Additional Public Prosecutor submits that accused/applicant No. 2 has prior criminal antecedents and that there are materials on record prima facie indicating the involvement of the accused/applicants in similar activities. Therefore, he opposes the prayer for bail at this stage. 6. This Court has heard the submissions made by the learned counsel for the respective parties and has perused the materials available on record. Considering the fact that the seized vehicle as well as the cattle have already been released on zimma, and further taking into account that the accused/applicants have been in judicial custody for considerable lengths, this Court is of the opinion that the accused/applicants should be granted bail at this stage. Page No.# 4/4 7. Accordingly, it is directed that the accused/applicants shall be released on bail on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand only) each with one surety of like amount to the satisfaction of the learned SDJM, Rangia, subject to the following conditions: (i) That the accused/applicants shall cooperate with the investigation and shall appear before the Investigating Officer as and when required; (ii) That the accused/applicants shall not hamper or tamper with the evidence of the case, nor shall he influence, intimidate, or threaten any witness involved in the instant case. 8. In view of the above and subject to the conditions imposed hereinabove, the present bail application stands disposed of. JUDGE Comparing Assistant