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2026 DAILYLAW 6448 (GAU)

JAMAL BADSHA v. THE STATE OF ASSAM

AB/429/2026 · 2026-05-07

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/2 GAHC010040622026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/429/2026 JAMAL BADSHA S/O MUJAFAR ALI R/O NIZ KURSHKATI, P.S. LAKHIPUR DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08.05.2026 Heard Mr. F. Haque, learned counsel for the petitioner. Jamal Badsha, 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 Section 13(1) of the Assam Cattle Preservation Act, 2021 and Section 11(1)(d) of the Page No.# 2/2 Prevention of Cruelty to Animals Act. 2. Heard Mr. B. Sharma, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the petitioner that he is the registered owner of the vehicle. He was not aware of any cattle theft. 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