Gauhati High Court

Bail Appln./3335/2026 of MOFIJUL ISLAM Vs THE STATE OF ASSAM on 13 October 2026

GAHC010232642026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3335/2026 MOFIJUL ISLAM SON OF SAMSUL ISLAM ALIAS HOQUE,RESIDENT OF VILLAGE NO- 4DHARMAPUR,POST OFFICE DHARMAPUR,POLICE STATION LALUK, DISTRICTLAKHIMPUR, ASSAM,

GAHC010232642026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln./3335/2026

MOFIJUL ISLAM

SON OF SAMSUL ISLAM ALIAS HOQUE,RESIDENT OF VILLAGE NO- 4DHARMAPUR,POST OFFICE DHARMAPUR,POLICE STATION LALUK, DISTRICTLAKHIMPUR, ASSAM, PIN 784160

VERSUS

THE STATE OF ASSAM

TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : ALHAJJ I UDDIN, MRS. ROMA ENGTIPI,MR ROBIUL

HOQUE,MRS. R MOMTAZ

Advocate for the Respondent : PP, ASSAM, BEFORE

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 14.10.2026

Heard Mr. A.I. Uddin, learned counsel for the accused applicant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor appearing for the State.

2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha

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Sanhita, 2023 whereby the accused applicant, Mofijul Islam, has prayed for granting him bail after he was arrested in connection with Laluk P.S. Case No.200/2026 corresponding to GR Case No.879/2026 registered under Sections 303(2)/317(2)/3(5) BNS, 2023 read with Section 11(1)(a)(d)(e)(f) of the Prevention of Cruelty of Animals Act, 1960 read with Sections 13(1) of the Assam Cattle Preservation Act, 2021.

3. An FIR was lodged on 12.09.2026 by the WSI of Laluk Police Station alleging that based on local information that one Bolero Max bearing Registration NO.AR-01-V- 4013 was intercepted at Laluk Medical Chariali. On search, , 14 nos of cows inside the vehicle tied up in a cruel manner and during enquiry the drivers and the handyman could not produce any document regarding the cattle that were being transported. The driver discloses that the cattle were being transported to a beef slaughter shop in Arunachal Pradesh for sell involving another individual namely Abdul Ali.

4. On receipt of the FIR, Police registered Laluk P.S. Case No.200/2026 under the aforementioned Sections.

5. The learned counsel for the accused applicant submits that the accused applicant is a handyman of the vehicle and he is not involved in any selling of cattle. He submits that the driver of the vehicle has already been granted bail by this Court on 09.10.2026 in BA No.3245/2026. He also submits that the accused applicant is behind the Bar for 33 days.

6. He also submits that the vehicle and the cattle were given zimma to the owner namely Abdul Ali.

7. The learned counsel for the accused applicant submits that taking into consideration the aforesaid facts, the accused applicant should be granted bail.

8. The learned Additional Public Prosecutor on the other hand prays for perusal of the case diary.

9. Taking into account the entire facts of the case and also the fact that the vehicle

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has already been given zimma to its owner, this Court finds no reason to keep the accused applicant behind the bars any longer.

10. Accordingly, it is directed that the accused applicant named above shall be released on bail forthwith on furnishing bail bond of Rs.30,000/- with one surety of like nature to the satisfaction of learned CJM, Lakhimpur, North Lakhimpur subject to the conditions that the accused applicant shall cooperate with the investigation and make himself available as and when called for. In terms of the above, the instant application is disposed of.

JUDGE Comparing Assistant

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