Research › Search › Judgment

Gauhati High Court · body

2046 DAILYLAW 3 (GAU)

JAGAT RABHA AND 3 ORS. v. THE STATE OF ASSAM

Bail Appln./2046/2026 · 2026-07-30

Robin Phukan

body2046

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010146682026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2046/2026 JAGAT RABHA AND 3 ORS. SON OF BHARAT RABHA VILL JALUKBARI, PS CHHAYGOAN, DIST KAMRUP, ASSAM 2: ANNOJIT RABHA SON OF AMIT RABHA VILL BARKAPARA PS CHHAYGOAN DIST KAMRUP ASSAM 3: JAHIDUL ISLAM S/O SAIJUDDIN VILLMAAJ GUMI PS CHHAYGOAN DIST KAMRUP ASSAM 4: NUR ALOM SON OF ALIM ALI VILL DHEKENABARI CHHAYGOAN DIST KAMRUP ASSAM PH. NO. 985904361 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. A ALI, S AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 31.07.2026 Heard Mr. A. Ali, learned counsel for the accused and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the BNSS, is preferred by the accused, namely Jagat Rabha, Annojit Rabha, Jahidul Islam and Nur Alom, who have been languishing in jail hazot since 24.06.2026, in connection with Chhaygaon PS Case No. 124/2026, under Section 303(2) of the BNS read with Section 13(1) of the Assam Preservation of Cattles Act and Section 11(1)(a) of the Prevention of Cruelty to Animals Act, for granting bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by ASI Dipak Kumar Deka of Chhaygaon PS, on 23.06.2026. 4. The essence of allegation in the FIR is that the accused persons were found in possession of four numbers of brown coloured bulls, while they were taking the bulls towards the State of Meghalaya, and on being asked, they failed to produce any document. 5. Mr. Ali, learned counsel for the accused, submits that the accused were arrested on 23.06.2026, and since then they have been languishing in jail hazot for 38 days. Mr. Ali further submits that they are innocent and no way involved with the offence alleged in the FIR and that they have relevant document in connection with the bulls, which they had purchased on 22.06.2026, on payment of Rs. 1,57,00,000/- and that the relevant document is Page No.# 3/3 enclosed at page No. 38 of the petition. Under such circumstances, Mr. Ali has contended to allow the petition. 5. On the other hand, Mr. Borthakur, learned Additional Public Prosecutor for the State respondent, has produced the case diary before this Court and submits that the IO has collected some materials in support of the allegation and that the investigation is still going on and therefore, it is contended to dismiss the petition. 6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. 7. It appears that the accused persons were arrested on 23.06.2026 and since then they have been languishing in jail hazot for last 38 days. Further, it appears that the investigation progressed substantially. 8. In view of the progress and also in view of the period of detention and balancing the same with the nature and gravity of the offence, alleged in the FIR, this Court is of the view that their further custodial detention may not be warranted in the interest of investigation. 9. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- each only, with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon, the accused persons be enlarged on bail. 10. In terms of above, this bail application stands disposed of. 11. Case diary be returned. JUDGE Comparing Assistant