GIYAS UDDIN v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
In the view of the above, the bail application stands disposed of
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 303, 305(a)
- Assam Cattle Preservation Act, 2021 ss. 13(1), 16
Key paragraphs
- Para 77. Accordingly, the petitioners, named above, shall be released on bail in connection with Bagribari P.S. Case No. 03/2025 under Section 303/305(a) of BNS, r/w Section 13(1)/16 of Assam Cattle Preservation Act, 2021, on furnishing bail bond of Rs.30,000/- each with one suitable surety each…
- Para 99. In the view of the above, the bail application stands disposed of.
Judgment
Advocate for the Petitioner : MR P K DAS, MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Date : 13.03.2025 ORDER Heard Mr. M. Baruah, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3
By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Chamer Ali @ Samer Ali @ Sumer Ali and Giyas Uddin, have prayed for bail in connection with Bagribari P.S. Case No. 03/2025 under Section 303/305(a) of BNS, r/w Section 13(1)/16 of Assam Cattle Preservation Act, 2021.
The matter relates to theft and smuggling of cattle. It has been submitted by the learned counsel for the petitioners that the petitioner No. 1 has completed the mandatory period of 60 days in judicial custody and charge sheet has not been submitted as such, he is entitled for default bail. It is also submitted that the petitioner No. 2 has been languishing in judicial custody for last 56 days since his arrest on 16.01.2025. Considering the background of the case, the petitioners may be enlarged on bail.
Mr. Goswami, learned Additional Public Prosecutor for the State has produced the case diary and submits that length of detention may be considered.
I have considered the submissions made by the parties. I have also perused the case diary.
Considering the background of the case as well as length of detention of the petitioners, this Court is inclined to grant bail to the petitioners.
Accordingly, the petitioners, named above, shall be released on bail in connection with Bagribari P.S. Case No. 03/2025 under Section 303/305(a) of BNS, r/w Section 13(1)/16 of Assam Cattle Preservation Act, 2021, on furnishing bail bond of Rs.30,000/- each with one suitable surety each of the like amount, to the satisfaction of learned CJM, Kokrajhar, Assam.
The direction for bail is further subject to the conditions that the petitioners: (a) shall not leave the territorial jurisdiction of learned CJM, Assam without prior Page No.# 3/3 written permission from him/her; (b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (c) shall not hamper with the investigation, or tamper with the evidence of the case.
Operative part
In the view of the above, the bail application stands disposed of.
Send back the case diary. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the view of the above, the bail application stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 303, 305(a); Assam Cattle Preservation Act, 2021 — ss. 13(1), 16.
Which court decided this case, and when?
Gauhati High Court, on 13 Mar 2025. The bench was MALASRI NANDI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.