Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010021782026
2026:GAU-AS:1802
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./340/2026 AMINUL HAQUE S/O.- SAHED ALI, VILL- LOCHANABORI, PO- LOCHANABORI, DIST- MORIGAON, PIN- 782126 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A I HUSSAIN, MR. NOOR KUTUB ALAM,MR. S. ALOM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 10.02.2026
Heard Mr. M.A.I. Hussain, learned counsel appearing for the accused - applicant. 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 bail to the accused - applicant in connection with Demow P.S. Case No. 86/2025 under
Page No.# 2/3 Section 303(2) BNS, 2023, r/w Section 11(1)(a) of Prevention of Cruelty to Animals Act, 1960 r/w Section 13 (1) of 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 - applicant submits that the owner of the vehicles are two different persons and the accused- applicant is only the driver of one of the vehicles. He further submits that the accused - applicant is behind the bars for last 59 days and he is 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 he has already gone through, the accused - applicant 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 offence as alleged is of 60 days, this Court is of the considered opinion that at this stage, the accused - applicant should be granted bail. 9. Accordingly, it is directed that the accused - applicant shall be released
Page No.# 3/3 forthwith on furnishing a bail bond of Rs.20,000/- with a surety of like amount to the satisfaction of the Chief Judicial Magistrate, Sivasagar subject to the following conditions: (i) That the accused – applicant shall appear before the Investigating Officer as and when called for and fully cooperate in the investigation of the case. (ii) The accused –applicant 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