Page No.# 1/3 GAHC010012122026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./220/2026 MD IMTIAZ JAMAL S/O LT. ROUSHON JAMAL R/O-VILL-JORHAT KAKOJAN P.S.- TEOK DIST- JORHAT ASSAM 2: MD WAHIDUR RAHMAN S/O HAFIZ ALI R/O-VILL-JORHAT KAKOJAN P.S.- TEOK DIST- JORHAT ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MR. T CHUTIA, MS S NASRAT Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 10.02.2026 Heard Mr. T. Chutia, learned counsel appearing for the accused - applicants. Also heard Mr. K.K. Parashar, learned Addl. Public Prosecutor for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting Page No.# 2/3 bail to the accused - applicants in connection with Demow P.S. Case No. 86/2025 under Section 303(2) BNS, 2023, r/w Section 11(1)(a) of Prevention of Cruelty to Animal Act, 1960 r/w Section 13 (a), The Assam Cattle Preservation Act, 2021. 3. An FIR was lodged before the Officer-in-Charge, Demow Police Station alleging that on 12.12.2025, based on secret information while doing naka-checking in the morning hours under the jurisdiction of Demow Police Station, the police intercepted four vehicles bearing Registration No. AS-23-CC-4669, AS-03CC-5844, AS-03CC-5803 and AS-01RC-4846 respectively wherein 45 nos. of cattle were being transported in a highly congested and unsafe manner in clear violation of the Prevention of Cruelty to Animals Act. It was also alleged that the drivers of the vehicles could not produce any valid documents for transportation of those cattle. 4. On receipt of the FIR, the police registered Demow P.S. Case No. 86/2025 under the aforementioned sections. 5. The learned counsel appearing for the accused - applicants submits that the owner of the vehicles are two different persons and the accused- applicants are only the drivers of two of the vehicles. He further submits that the accused - applicants are behind the bars for last 59 days and they are no way linked to any illegal transportation of the cattle, being only the driver of the vehicle. 6. He submits that in view of the aforesaid and taking into account, the length of detention they have already gone through, the accused - applicants should be granted bail at this stage. 7. The learned Addl. Public Prosecutor has also submitted that Charge Sheet in the instant matter is yet to be submitted and already 59 days have crossed. 8. Taking into account the length of detention of 59 days wherein the mandatory period for the offences as alleged is of 60 days, this Court is of the considered opinion that at this stage, the accused - applicants should be granted bail. Page No.# 3/3 9. Accordingly, it is directed that the accused - applicants shall be released forthwith on furnishing a bail bond of Rs.20,000/- each with a surety of like amount to the satisfaction of the Chief Judicial Magistrate, Sivasagar subject to the following conditions: (i) That the accused – applicants shall appear before the Investigating Officer as and when called for and fully cooperate in the investigation of the case. (ii) The accused –applicants shall not hamper the investigation nor tamper with any evidence or influence any witnesses connected with the case. 10. Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant