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2026 DAILYLAW 6498 (GAU)

ABDUL RASID v. THE STATE OF ASSAM

Bail Appln./1304/2026 · 2026-05-20

Susmita Phukan Khaund

body2026

Judgment text

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Page No.# 1/3 GAHC010096272026 2026:GAU-AS:7061 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1304/2026 ABDUL RASID S/O HASSEN ALI, R/O PUB SUALANI, P.S. RUPAHIHAT, DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MR. J JAKARIA,MR. MD IMDAD,MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 21-05-2026 Heard learned counsel Mr. S.M. Abdullah P for the petitioner Abdul Rasid, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as he is behind bars since 26.03.2026 in connection with Rupahihat Police Station Case No. 73/2026 under Page No.# 2/3 Sections 303(2) of the Bharatiya Nyaya Sanhita, 2023, R/W Section 13 (1) of the Assam Cattle Preservation Act, 2021 2. It is submitted that the allegation against the petitioner is that he has been booked under this case for committing theft of 2 (Two) cows from the cowshed of the informant. 3. Learned Additional Public Prosecutor Mr. K.K. Parashar has submitted that charge sheet has been laid against the petitioner being CS No. 107/2026 dated 17.05.2026. 4. However, it is submitted on behalf of the petitioner that the petitioner may be granted bail as investigation is complete and he has already been in custody for 58 (Fifty Eight) days. 4. I have considered the submissions at the bar with circumspection. Investigation is complete. Further custodial detention may not be required. I have also considered the submission that both the cows have been recovered. 5. Thereby, the petitioner is enlarged on bail of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon, under the condition that – The petitioner shall refrain from such activities with which he is alleged, failing which, the Court is at liberty to immediately cancel the bail granted to the petitioner. 6. In terms of the above observation, this application stands disposed of. JUDGE Page No.# 3/3 Comparing Assistant