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

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

03.12.2025 ORDER Heard Mr. A.W. Aman, learned counsel appearing for the accused – applicant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State. Page No.# 2/3

This is an application under Section 483 of BNSS, 2023 praying for bail of the accused – applicant, namely, Mirzamal Hoque @ Md Mirzamal Hoque @ Mirjamal Hoque in connection with Gossaigaon P.S. Case No. 179/2025 under Sections 303(2)/325/3(5) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021.

The gist of the allegation as alleged in the FIR dated 22.11.2025 is that on receipt of certain information, the accused – applicant along with his scooty was apprehended by the Police and upon search, the Police found approximately 15- 20 kgs of beef meat suspected to be carrying for selling. Accordingly, the FIR was registered as Gossaigaon P.S. Case No. 179/2025 under Sections 303(2)/325/3(5) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021 against the accused – applicant.

The learned counsel appearing for the accused – applicant submits that the accused – applicant was arrested on 22.11.2025 and he is in judicial custody for the last 11 days. The learned counsel appearing for the accused – applicant further submits that the beef meat was supposed to be for a family function and purely for personal consumption of the family of the accused – applicant. Therefore, learned counsel appearing for the accused – applicant submits that taking into consideration the allegation as well as detention he has already gone through, he should be allowed to go on bail at this stage.

Mr. K.K. Parasar, learned Addl. Public Prosecutor appearing for the State, on the other hand, submits that the allegation against him is of transporting the suspected beef meat for selling which is in violation of Assam Cattle Preservation Act. Therefore, he opposes the bail at this stage.

Considering the submissions made by the respective counsel appearing for Page No.# 3/3 the parties as well as going through the materials brought on record and taking into account the whole aspect of the matter in its entirety, this Court is of the considered view that this is a fit case wherein the accused – applicant should be allowed to go on bail at this stage.

Accordingly, it is directed that the accused - applicant shall be released on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a surety of like amount to the satisfaction of learned Sub-Divisional Judicial Magistrate (M), Gossaigaon subject to the following conditions. (i) That the accused-applicant shall appear before the Trial Court as and when required; (ii) The accused-applicant shall not try to hamper or tamper with any evidence or influence any witnesses connected with the case.