Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010040622026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/603/2026 AZGOR ALI S/O MD. ASIRUDDIN SHEIKH VILL. AND P.O. AOLATOLI P.S. LAKHIPUR DIST. GOALPARA ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM. ------------ Advocate for : MR. D A KAIYUM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08.05.2026 Heard Mr. M.S. Mondol, learned counsel for the petitioner. Azgor Ali, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as his apprehending arrest in connection with Krishnai Police Station Case no. 01/2026 under Sections 303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023read with
Page No.# 2/2 Section 13(1) of the Assam Cattle Preservation Act, 2021 and Section 11(1)(d) of the Prevention of Cruelty to Animals Act.
2. Heard Mr. Bankim Sharma, learned Additional Public Prosecutor, Assam.
3. It is submitted on behalf of the petitioner that he is the driver of the vehicle. He was not aware of any cattle theft. Mr. Sharma has submitted that there is no Driving Licence, although he has mentioned that he is a driver.
4. The learned Additional Public Prosecutor has raised serious objection.
5. I have considered the submissions at the bar. It is submitted that the petitioner is willing to co-operate with the remaining part of the investigation and to abide any stringent bail conditions, if imposed upon him. The petitioner is a local resident and is not a flight risk. Considering all aspects, the petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail of Rs. 20,000/- with a suitable surety of like amount to the satisfaction of the learned Arresting Authority under the conditions :- (i) That the petitioner shall appear before the I.O. within one week and co-operate with the investigation, (ii) The petitioner shall refrain from such activities with which he is alleged, and (iii) The petitioner shall not temper with the evidence.
6. On breach of any of the bail conditions, the bail order shall automatically stand cancelled.
7. Send back the C.D. JUDGE Comparing Assistant