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2026 DAILYLAW 8255 (GAU)

ARIFUL ISLAM v. THE STATE OF ASSAM

Bail Appln./1600/2026 · 2026-06-16

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/4 GAHC010119522026 2026:GAU-AS:8702 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1600/2026 ARIFUL ISLAM S/O NUR SALAM R/O VILLAGE KASLATARI PART I, P.S. SAPATGRAM, DISTRICT DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M A CHOUDHURY, U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 17-06-2026 Heard Mr. A Ahmed, the learned counsel for the petitioner. Also heard Ms. S H Bora, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Page No.# 2/4 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 21.05.2026 in connection with Sapatgram PS Case No. 54/2026 u/s 61(2)/303(2)/317(2)/317(4) of BNS Act, read with Section 13(1) of Assam Cattle Preservation Act, 2021, read with Section 11(1)(d)/11(1)(e) of the Prevention of Cruelty to Animals Act, 1960. 3. It is submitted by Mr. Ahmed, the learned counsel for the petitioner that present petitioner is no way connected in the alleged offence and there is no mention about his involvement in the FIR. However, subsequently he got arrested on 21.05.2026 with the allegation that he was working as a spy/informer and used to keep close watch over the police movement and he used to share those information with the cattle smuggler for their smooth transportation. 4. Mr. Ahmed further submitted that if he would prior information in that case the police would not able to apprehend the vehicle as well as the other accused/persons, who were caught along with the vehicle. He further submitted that he is no way connected with the alleged offence. However, he is in judicial custody since last 28 days and thus the I/O got sufficient opportunity to interrogate him keeping him in custody. More so the persons who were apprehended by police along with the cattle were already enlarged on bail by the coordinate bench of this Court after 10 days of their custodial detention. So considering the case of the present petitioner in the same footing, he may also be released on bail on the ground of parity also. However, the petitioner being the permanent resident of his addressed locality, he will extend his cooperation as and when required. 5. Ms. Bora, the learned Additional Public Prosecutor raised objection and submitted that from the Forwarding Report it is seen that he got arrested in Page No.# 3/4 connection with this case after enquiry wherein it is found that he is not only working as a spy/informer who facilitated the illegal transportation of the cattle and that apart he is also involved in illegal slaughtering of cattle in Raniganj/Bilasipara. So considering all these aspects of this case, she insisted to call for the Case Diary to know the actual fact of the case. 6. Hearing the submissions made by learned counsels for both sides it is seen that the present accused/petitioner was also sought for police remand for three days and that apart he is in judicial custody for last 28 days and thus the I/O got sufficient opportunity to interrogate the present accused/petitioner. Considering all the aspects of the case, vis-à-vis, the period of detention and also considering the ground of releasing the co-accused on bail by the coordinate bench of this Court, this Court is of the opinion that without going into the further details of the case, it is found a fit case to enlarge the petitioner on bail on the ground of his period of detention. 7. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 30,000/- (Rupees Thirty thousand) only with one surety of like amount to the satisfaction of the learned SDJM, Bilasipara. The accused/petitioner, namely Ariful Islam, be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him/them from disclosing such facts to the Court or to any police officer; and Page No.# 4/4 (iii) that the petitioner shall not leave the jurisdiction of the learned SDJM, Bilasipara without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant