Page No.# 1/3 GAHC010056962026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./808/2026 NAJIM ALI AND ANR S/O LATE MAFIJ ALI R/O VILL- UKHURA P.S. H AJO DIST. KAMRUP, ASSAM. 2: RAFIQUL HUSSAIN S/O CHAND MOHAMMAD ALI R/O VILL- DAMPUR P.S. HAJO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. S K NARGIS, A SAHA,MS N SULTANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 17.03. 2026 [1] Heard Mr. HRA Choudhury, learned Senior Counsel, assisted by Ms. S.K. Nargis, learned counsel for the petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the State respondent. [2] By this application the petitioners namely (1) Najim Ali, (2) Rafiqul Hussain have filed this application under 483 BNSS, 2023 for regular bail in Page No.# 2/3 connection with PRC Case No. 157/2026 arising out of Sualkuchi P.S. Case No. 03/2026 under Sections 303(2)/ 3(5) of BNS, 2023 read with Section 11(1)(d) of the Prevention of Cruelty to Animals Act, read with Section 13(1) of the Assam Cattle Preservation Act, 2021 read with Section 78 of the Motor Vehicle Act. [3] The case started with lodging of the FIR dated 02.02.2026 which reveals that on the same day at about 12.10 p.m. when the police personnel were doing their patrolling duty intercepted one Tata Magic Vehicle wherein they found 5 numbers of cattle being carried by the driver in a very cruel manner. The driver is the petitioner No. 1 in the instant petition. [4] It is also alleged that the petitioner 2 by riding a motor cycle was escorting the said Tata Magic vehicle and that on interception, when both the driver as well as other accused persons were asked about the documents relating to carrying of cattle but they could not produce any such document. It is also alleged that the said cattle were taken for wrongful gain for delivering to a slaughter house, which is however a presumption. [5] Mr. HRA Choudhury, learned senior counsel submits that both the cows as well as the motor cycle was seized by the police and that the cattle were carried in the said vehicle for delivering it to the purchaser who have purchased the same for the purpose of domestication. He further submits that both the petitioners were arrested and till date they were in custody which for 43 days in detention. The learned senior counsel also submits that the investigation in the instant case is over and the charge sheet is submitted and the same is at the committal stage as to deceive from the rejection order dated 16.03.2026. [6] Mr. MP Goswami, learned counsel for the State submits that the cows Page No.# 3/3 were carried by a Tata Magic in a very cruel manner and by placing the documents connected therein he submits that even two cows could not have been taken in a proper manner in the said vehicle. However, 5 numbers of cattle were taken therein attracting the provisions of the Cruelty to Animals Act. He also submits that the documents to that effect to carry the cows could not be produced by the petitioners. [7] On consideration of the submissions made by the learned counsel more so on the fact that the petitioners were arrested and inside the jail for more than a month and that the investigation is over and their statements were recorded this court finds it fit that the petitioners be released on bail on furnishing a bail bond of Rs. 20,000/- each with one surety each of the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Hajo under the following conditions:- (i) the petitioners will appear before the court as and when call for; (ii) the petitioners will not indulge any connected offence; (iii) the petitioners will not influence any witnesses connecting with this case. [8] The petition is disposed of. JUDGE Comparing Assistant