Bail Appln./2284/2025 DALIMAN NESSA v. THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA Date : 21.07.2025 ORDER

Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor.

This application under Section 483 of the BNSS, 2023, has been filed by the Page No.# 2/3 petitioner, namely, Daliman Nessa, who has been detained behind the bars since

01.07.2025 (for last 20 days), in connection with Bongaigaon P.S. Case No. 164/2025 under Section 299 of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021.

The gist of accusation in this case is that on 01.07.2025, one Tukharjyoti Borah, SI of Police had lodged an FIR before the Office-In-Charge of Bongaigaon Police Station, inter-alia, alleging that on receipt of an information through reliable sources, the petitioner and her husband were illegally slaughtering cattle and selling meat in their hotel namely, Taj Mohal Hotel, in contravention of the provision of Assam Cattle Preservation Act, 2021. A search was conducted in the aforesaid hotel. During search operation suspected raw beef meat weighting about

5.232 Kg was recovered therefrom and the petitioner was apprehended.

The learned counsel for the petitioner has submitted that, petitioner and her husband are working only in the said hotel as employees and they have no control over the choice of the food to be sold in their hotel. He submits that the owner of the hotel is one Nowshad Ali. He further submits that the suspected raw beef meat has already been seized in this case and considering the period of detention i.e. 20 days, further custodial interrogation of the petitioner may not be necessary and, therefore, she may be allowed to go on bail.

On the other hand, the learned Additional Public Prosecutor, has vehemently opposed the grant of bail to the petitioner on the ground that the Court of learned Sessions Judge, Bongaigaon, had rejected the application for bail of the present petitioner, on perusal of the case diary. He also submits that true facts would be revealed only after perusal of the case diary. Hence, he prays for calling of the case diary.

I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on record. Page No.# 3/3

The accusation in this case is that the petitioner and her husband were found in possession of raw beef meet weighing about 5.232 Kg, which is in contravention of the provisions of Assam Cattle Preservation Act, 2021. However, as the suspected raw beef meat has already been seized and the petitioner has been detained behind the bars for last 20 (twenty) days. Considering the nature of offence the aforesaid period of detention appears to be sufficient enough to complete any kind of custodial interrogation of the petitioner in offences of such nature. Further this Court is of the considered opinion that if the petitioner cooperates in the investigation, her further custodial interrogation may not be necessary.

Hence the above main petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the satisfaction of the learned Chief Judicial Magistrate (M) Bongaigaon, with following conditions : (i) That the petitioner shall not be directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts of the case before the Investigating Officer; (ii) That the petitioner shall cooperate in the investigation;

This bail application is accordingly disposed of. JUDGE Comparing Assistant