Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 6745 (GAU)

CHANIDUL ISLAM v. THE STATE OF ASSAM

AB/1088/2026 · 2026-05-25

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010100612026 2026:GAU-AS:7326 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1088/2026 CHANIDUL ISLAM S/O ABDUL JALIL R/O - PAIKAN PT II, P.S - KRISHNAI, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR F HAQUE, MR A ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 26.05.2026 Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. 2. The petitioner, namely, Chanidul Islam, has filed this application under Section 482 BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Abhayapuri P.S. Case No. 80/2026, registered under Sections 331(4)/305/3(5)/112 of BNS, 2023, added Section 13 of Assam Cattle Preservation Act, 2021. 3. It is submitted on behalf of the petitioner that the petitioner’s name is not mentioned in the FIR. 4. The FIR unfolds that three heads of cattle were stolen from the informant Jinnah Uddin Ahmed’s house. It is submitted on behalf of the petitioner that all the stolen cows have been seized and the petitioner’s elder brother has already been arrested and forwarded to custody in connection with this case. 5. The learned Additional Public Prosecutor has raised objection, contending that the apprehension of arrest of the petitioner cannot be accepted at this stage. The learned Additional Public Prosecutor has also raised objection Page No.# 3/4 against the petitioner’s prayer for disposing of this bail petition without perusal of the case diary. 6. I have considered the submissions at the Bar with circumspection. 7. I have considered the submission on behalf of the petitioner that the stolen cows have already been seized and the petitioner’s brother has already been arrested in connection with this case. Now, the petitioner’s brother is apprehending arrest as the police has called him. The petitioner is willing to cooperate with the remaining part of the investigation. 8. Considering the entire aspect of the matter, this petition is allowed. Meanwhile, in the event of arrest, the above-named petitioner shall be enlarged on bail of Rs. 30,000/-, with a suitable surety of the like amount to the satisfaction of the Arresting Authority, under the conditions that:- i) the petitioner shall appear before the I.O on every fortnight, till completion of the investigation; ii) the petitioner shall cooperate with the investigation; iii) the petitioner shall appear before the I.O within 1(one) week from today; iv) the petitioner shall refrain from such activities with he is alleged; v) the petitioner shall not leave the jurisdiction of the Court without prior permission. Page No.# 4/4 9. On breach of any of the bail conditions, bail order shall stand cancelled. 10. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant