Page No.# 1/3 GAHC010130132026 2026:GAU-AS:9566 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1713/2026 KAMAL MIYAN AND ANR S/O- LATE PAHALI MIYAN, R/O- KHANGRA, P.S.- TARABARI, DIST BARPETA, ASSAM 2: MALEK ALI S/O- LATE GAHER ALI R/O- KHANGRA P.S.- TARABARI DIST BARPETA ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P. ASSAM. Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR. S RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE ANJAN MONI KALITA O R D E R 14.07.2026 Heard Mr. S.M.Abdullah P, learned counsel for the accused applicants. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Page No.# 2/3 appearing for the State. 2. This is an application under Section 483 of the BNSS, 2023, praying for granting bail to the accused applicants namely, (i) Kamal Miyan and (ii) Malek Ali, in connection with Hajo P.S Case No.223/2026, under Sections 303(2)/3(5) of the BNS, read with Section 13(1) of Assam Cattle Preservation Act, 2021, read with Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960, read with Section 125 of the Central Motor Vehicles Rules, 1989. 3. The case relates to recovery of 11(eleven) numbers of cattle from the vehicle driven by the accused applicant No.1, wherein the accused applicant No.2 was the Handiman. Learned counsel appearing for the accused applicants submits that the owner of the vehicle, namely Hanif Ali has already been granted pre-arrest bail by a co-ordinate Bench of this Court vide order dated 12.06.2026 and similarly, the owner of the cattle, namely Ali Akbar has also been granted pre-arrest bail by a co-ordinate Bench of this Court on 11.06.2026. The zimma of the cattle was also granted to the owner on 12.06.2026 by the learned Judicial Magistrate 1st Class, Hajo. He submits that in view of the grant of pre-arrest bail to the owner of the cattle and the vehicle as well as the order of zimma given in favour of the owner of the cattle, this is a fit case wherein the accused applicants who are only the Driver and Handiman of the vehicle should be released on bail. 4. Taking into account the submissions made by the learned counsel appearing for the accused applicants, this Court is of the opinion that the accused applicants should be granted bail. Page No.# 3/3 5. Accordingly, it is directed that the accused applicants shall be released forthwith from jail on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) each with one surety each of like nature to the satisfaction of the learned Judicial Magistrate 1st Class, Hajo, subject to the condition that the accused applicants shall co-operate with the investigation and make themselves available as and when called for by the Investigating Officer. 6. In terms of the aforesaid direction, the instant bail application is disposed of. JUDGE Comparing Assistant