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2026 DAILYLAW 8732 (GAU)

MD ABJAL ALI ALIAS AFJAL ALI v. THE STATE OF ASSAM

Bail Appln./1669/2026 · 2026-06-21

Mitali Thakuria

body2026

Judgment text

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Page No.# 1/3 GAHC010127522026 2026:GAU-AS:9006 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1669/2026 MD ABJAL ALI ALIAS AFJAL ALI S/O MD. AMZAD ALI, R/O KEOTKUCHI, P.S. AND DISTRICT BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS A DAS,MR. I A HAZARIKA,MR. H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-06-2026 Heard Mr. I A Hazarika, 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.# 2/3 Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 28.05.2026 in connection with Garchuk P.S. Case No. 117/2026 u/s 13(1) of Assam Cattle Preservation Act. 3. It is submitted by Mr. Hazarika, the learned counsel for the petitioner that the present accused/petitioner is innocent and is not involved in the alleged offence. However, he was there as a bystander and finding his presence he got arrested in connection with this case. The petitioner is in custody for last 21 days and considering his period of detention, he may be released on bail. He further submitted that all the articles were seized by the police and there is sufficient progress in the investigation. 4. Ms. Bora, the learned Additional Public Prosecutor submitted in this regard that this petitioner is an FIR named accused and 6 nos. of accused/persons have been forwarded with the same allegation in the Forwarding Report and accordingly she insisted to call for the Case Dairy. 5. Considering the submissions made by learned counsels for both sides as well as considering the seizure made, this Court is of the opinion that further custodial interrogation may not be necessary for further investigation of the case. Accordingly, I find it is a fit case to enlarge the accused/petitioner on bail. 6. 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 CJM, Kamrup (M). The accused/petitioner, namely Md. Abjal Ali @ Afjal Ali, 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; Page No.# 3/3 (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 (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Kamrup (M) without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant