THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR S M ABDULLAH P, MS S AHMED,MS F INTAZ,MR. M A SHEIKH,MD IMRAN,MR. S RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA Date : 08.09.2025 ORDER

Heard Mr. M. A. Sheikh, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State.

The application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Oachman Ali, who is apprehending his arrest in connection with Paltanbazar P.S. Case No. 220/2025 under Sections 11(1)(a)/11(1)(d) of the Page No.# 2/3 Prevention of Cruelty to Animals Act, 1960 read with Sections 13(1)/16 of the Assam Cattle Preservation Act, 2021 and also Sections 3(5)/303(2)/317(2) of the BNS, 2023.

The gist of the accusation in this case is that on 01.08.2025, one Nabajyoti Changmai had lodged an FIR before the Officer-in-charge of Paltanbazar Police Station, inter alia, alleging that an information was received regarding parking of a vehicle loaded with cattle in front of B. Baruah College. Accordingly, a police team went to the spot and found a vehicle without registration number plate was parked in front of Nehru Stadium under Paltanbazar Police Station. The driver of the vehicle, namely, Abul Ali was found in the vehicle and on search of the vehicle, it was found that it was loaded with 16 numbers of bulls and they were tied with a rope with no water and food grains and in a very congested manner.

The learned counsel for the petitioner has submitted that the petitioner is the owner of the cattle (bulls) seized in this case. He submits that he had purchased the cattle at Baghbor market under Barpeta district and to support his submissions, he has produced the purchase receipts of the said cattle. He also submits that the petitioner is ready to co-operate in the investigation. He further submits that as the cattle have already been seized as well as the vehicle in question has also been seized, there may not be any necessity of custodial interrogation as the petitioner is ready to co-operate in the investigation.

On the other hand, the learned Additional Public Prosecutor has produced the case diary of Paltanbazar P.S. Case No. 220/2025 and has opposed the grant of anticipatory bail on the ground that there are sufficient incriminating materials in the case diary against the present petitioner. He also submits that otherwise the investigation has fairly progressed.

I have considered the submissions made by the learned counsel for both sides and have gone through the case diary of Paltanbazar P.S. Case No. 220/2025. Page No.# 3/3

The documents produced by the petitioner in this case shows that he had purchased the cattle from Baghbor Animal market under Barpeta district. Further, it also appears from the case diary that the cattle as well as the vehicle involved have already been seized and the investigation has fairly progressed.

Under such circumstances, this Court is of the considered opinion that if the petitioner co-operates in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of the above noted case.

In view of the above, the above named petitioner is directed to appear before the Investigating Officer of Paltanbazar P.S. Case No. 220/2025 within seven days from the date of this order and co-operate in the investigation. If he does so within the stipulated period of time, in the event of his arrest in connection with the aforesaid case, he shall be allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the arresting authority with following conditions:- (i) That the petitioner shall not 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 co-operate in the investigation;

This bail application is accordingly disposed of.

Send back the case diary. JUDGE Comparing Assistant