Page No.# 1/4 GAHC010091992026 2026:GAU-AS:7352 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1001/2026 AZMAT ALI ALIAS AZMOT ALI ALIAS AJMAD ALI SON OF LATE SOMSHER ALI RESIDENT OF VILL- NO. 2 PALASHGURI, P.S. GOSSAIGAON, KOKRAJHAR, DIST.KOKRAJHAR, ASSAM. PIN-783360 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S KHOUND, P GANDHIYA,MS. A BORO,MR A BRAHMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.05.2026 Heard Mr. S. Khound, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application under Section 482 of the BNSS, 2023, is preferred by the applicant, namely, Ajmat Ali @ Azmot Ali @ Ajmad Ali, who has been Page No.# 2/4 apprehending arrest in connection with Gossaigaon P.S. Case No. 309/2023, registered under Sections 379/411/34 of the IPC, read with Section 13(1) of the Assam Cattle Preservation Act, for grant of pre-arrest bail. 3. Notably, Gossaigaon P.S. Case No. 309/2023, has been registered on the basis of one FIR registered by one Siba Prasad Kalita, on 25.08.2023. The allegation against the present applicant is that acting on a tip off, the police personnel of Gosssaigaon Police Station has conducted raid in the house of the present applicant and recovered carcasses of two cows and seized the same in presence of witnesses and also apprehended one Ashraful Alom. During interrogation, it has come to light that the present applicant, along with Ashraful Alom, used to commit theft of cows from various places and have been running the illegal business of slaughtering the cows for a long period of time. 4. Mr. Khound, learned counsel for the applicant submits that the applicant has preferred one application under Section 438 of the Code of Civil Procedure, which was registered as A.B. No. 3152/2023, and the same was disposed of vide Order, dated 10.04.2024, directing the applicant to appear before the learned Trial Court, on or before 13.05.2024 and to apply for regular bail and it was also provided that in the event of filing such an application, the learned Trial Court shall consider the same in accordance with law. 4.1. It is the further submission of Mr. Khound that due to some inconvenience, the applicant could not appear before the learned Trial Court. In the meantime, the applicant had appeared before the Investigating Officer and his statement has also been recorded and thereafter, charge-sheet was filed and that he is ready to face the trial. However, he apprehends that he may be arrested and therefore, he has contended to grant him the privilege of pre-arrest bail, till the date of his appearance before the learned Trial Court. Page No.# 3/4 5. Mr. Sarma, learned Additional Public Prosecutor, Assam, however, has opposed the application and he pointed it out that about 2 years back, the applicant was directed to appear before the learned Trial Court and he has failed to appear before the learned Trial Court. In the meantime, investigation was completed and charge- sheet was also submitted before the learned Trial Court; and that there is no ground for granting him the privilege of pre-arrest bail at this stage and therefore, he has contended to dismiss the application. 6. Having heard the submissions of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record. 7. It appears that investigation of the case has already been completed and the Investigating Officer has filed the charge-sheet, being C.S. No. 347/2023, on 30.11.2023, before the learned Trial Court and the next date, according to Mr. Khound, is fixed on 24.06.2026. 8. It appears that the applicant was already been granted the privilege of interim protection vide Order, dated 04.10.2023, in A.B. No. 3152/2023, and thereafter, he had appeared before the Investigating Officer and his statement was also recorded. But, in view of submission of the charge-sheet, the said interim order was not made absolute. However, direction was issued to the applicant to appear before the learned Trial Court and apply for regular bail and the interim order, dated 04.10.2023, was extended till 13.05.2024. 9. Further, it appears that since 13.05.2024, more than 2 years have elapsed, but, the applicant had failed to appear before the learned Trial Court till date and the ground assigned for failing to appear before the learned Trial Court is found to be not plausible. Under the given facts and circumstances, this Court finds this application devoid of merit and accordingly, the same stands dismissed. Page No.# 4/4 10. The applicant is directed to appear before the learned Trial Court forthwith, with a prayer for granting regular bail and in the event of filing such application, the learned Trial Court shall consider the same in accordance with law. JUDGE Comparing Assistant