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2026 DAILYLAW 5970 (GAU)

SAIDUL ALI v. THE STATE OF ASSAM

Bail Appln./1203/2026 · 2026-05-11

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010088772026 2026:GAU-AS:6505 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1203/2026 SAIDUL ALI S/O HAJARAT ALI R/O- VILLAGE-KADAM TENGA BASTI, P.S. BOGINADI, DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. J C GOGOI, MR B ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 12.05.2026 Heard Mr. B. Islam, learned counsel for the petitioner and Ms. S.H. Borah, learned Additional Public Prosecutor for the State is present. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the petitioner namely, Saidul Ali, who was arrested on 31.03.2026, has prayed for bail in connection with Hajo P.S Case No. 118/2026 under Sections 317(2)/317(4)/303(2)/3(5) of BNS, 2023, R/W Section 13(1) of the Assam Cattle Preservation Act, 2021, R/W Section 11(1)(d) of the Prevention of Cruelty to Animals, R/W 125 of the Central Motor Vehicles Rules 1989, R/W Section 3A/14 of the Child & Adolescent Labour (Prohibition and Regulation) Act, 2016, R/W Section 75/79 of the Juvenile Justice (Care and Protection of Children) Act, 2015, corresponding to G.R Case No.135/2026). 3. The learned Additional Public Prosecutor has raised objection to the prayer for bail made on behalf of the petitioner without perusal of the case diary. 4. I have considered the submissions at the Bar with circumspection. 5. It has submitted that the petitioner has been behind bars for 43 days and that further custodial detention may not be required for further investigation. It is further submitted that the petitioner was the driver of the vehicle and the cattle was purchased by the owner of the vehicle. The receipts Page No.# 3/3 pertaining to the purchase of the cattle seized in connection with this case are marked as Annexure-2 series to the petition. 6. It is further submitted that the petitioner is not responsible for engaging any child labour and is not guilty of cruelty to animals. The petitioner is willing to cooperate with the remaining part of the investigation and to abide by any stringent bail conditions, if imposed upon him. 7. Considering the entire aspect of the matter, the above-named petitioner is enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Elaka Magistrate with following condition: (i) That the petitioner shall refrain from such activities with which he is alleged; 8. On breach of any of the bail conditions, bail order shall stand cancelled. 9. Accordingly, the bail application stands disposed of. JUDGE Comparing Assistant