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2026 DAILYLAW 9739 (GAU)

MOSTAFIZUR RAHMAN AND ANR v. THE STATE OF ASSAM

Bail Appln./1968/2026 · 2026-07-19

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010146662026 2026:GAU-AS:9897 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1968/2026 MOSTAFIZUR RAHMAN AND ANR S/O HASHEM ALI, VILLAGE RAIPUR, P.S. PHULBARI, DISTRICT WEST GARO HILLS, MEGHALAYA. 2: MAHABUL ALI S/O LATE MOHOR ALI VILLAGE ASKIKANDI P.S. PHULBARI DISTRICT WEST GARO HILLS MEGHALAYA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 20-07-2026 Heard Mr. H. A. Ahmed, learned counsel for the accused applicants and Mr. D. P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of bail to the accused applicants, who were arrested on 21.05.2026, in connection with Lakhipur P.S. Case No. 79/2026 under Sections 132/325/303(2)/317(2)/3(5) of the BNS, 2023 read with Sections 11(1)(a)/11(1) (d) of the Prevention of Cruelty to Animal Act, 1960 read with Section 13(1) of the Assam Cattle Prevention Act, 2021. 3. The case relates to the illegal transportation of cattle, which were seized by the police, based on secret information received, from Dhamor Bazar, Lakhipur. 4. On receipt of the FIR, the police registered the Lakhipur P.S. Case No. 79/2026 under the aforementioned sections. 5. Mr. Ahmed, learned counsel for the accused applicants, submits that the accused applicants were arrested on 21.05.2026. He submits that the accused applicants have spent more than 60 days behind bars and therefore, they are liable to be released on default bail. 6. Mr. Goswami, learned Additional Public Prosecutor, submits that no charge- sheet has been filed till date. 7. Taking into account the aforesaid submissions and since the accused applicants have already spent more than 60 days behind bars, they are liable to be released on default bail. 8. Accordingly, it is directed that the accused applicants shall be released immediately on bail on furnishing a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each, with sureties of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Goalpara, Assam subject to the following conditions; Page No.# 3/3 i. that the accused applicants shall cooperate with the investigation and make themselves available before the investigating officer as and when required. 9. In terms of the aforesaid directions, the instant bail application stands disposed of as allowed. JUDGE Comparing Assistant