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2026 DAILYLAW 7760 (GAU)

ROBIAL HOQUE v. THE STATE OF ASSAM

AB/557/2026 · 2026-06-08

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010053362026 2026:GAU-AS:8086 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/557/2026 ROBIAL HOQUE S/O MUSLIM ALI SHEIKH RESIDENT OF BORAIBARI, DHUBRI, PIN- 783339, DIST. DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A LAL, P GANDHIYA,MS. A BORO,MR A BRAHMA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 09-06-2026 Heard Mr. A Lal, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of State respondent. 2. This is an application under Section 482 of the Code of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Bagribari P.S. Case No. 70/2025 under Sections 305/331(3) BNS read with Section 13(1) of the Assam Cattle Preservation Act, 2021. 3. Scanned copy of the TCR along with the Case Diary received. Perused the same. 4. It is submitted by Mr. Lal that after obtaining the order of interim pre-arrest bail dated 16.03.2026 he appeared before the I/O and cooperated in the investigation of this case. He further submitted that case has already been charge-sheeted during the pendency of the present bail application and he is ready and willing to contest the case by appearing before the learned Trial Court on each and every date to be fixed by the learned Court. However he submitted that some protection may be given to the present petitioner so that he can appear before the Trial Court with a regular bail application. 5. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that after filing of the charge-sheet, cognizance has also been taken and summonses were issued to the petitioner. But, till date he has not appeared before the learned Trial Court below. That apart, there are sufficient incriminating materials against the present petitioner who is the main culprit of this case and whose vehicle was also used for theft and transportation of the cattle. However he submitted that on perusal of the Case Diary it is seen that the bail order is available in the case record and there is a note of the I/O also in the charge-sheet that he appeared and cooperated in the investigation of this case. Page No.# 3/3 6. Considering the entire submissions made by learned counsels for both sides and also considering the fact that after obtaining the order of interim pre-arrest bail, the accused/petitioner has already appeared and cooperated in investigation of this case and also considering all other aspects of the case, the order of interim pre-arrest bail dated 16.03.2026 is hereby made absolute with a direction to the present petitioner to appear before the learned Trial Court below with a regular bail application, which may be considered in accordance with law. 7. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant