Gauhati High Court
AB/2039/2026 of MD BOBIDUL ALI Vs THE STATE OF ASSAM on 24 September 2026
GAHC010184522026 2026:GAU-AS:14248 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2039/2026 MD BOBIDUL ALI S/O NURUL HOQUE,RESIDENT OF VILLAGE KHONGRA,P.O KHONGRA, P.S TARABARI,DISTRICT BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY
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GAHC010184522026
2026:GAU-AS:14248
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2039/2026
MD BOBIDUL ALI
S/O NURUL HOQUE,RESIDENT OF VILLAGE KHONGRA,P.O KHONGRA, P.S
TARABARI,DISTRICT BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE P.P, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR. S RAHMAN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
25.09.2026
Heard Mr. S. Rahman, learned counsel for the applicant and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
2. Apprehending arrest in connection with Kachugaon PS Case No. 26/2026, under Sections 303(2)/317(2)/3(5) of the BNS, read with Section 11(1)(a)(b)(c)(h) of the Prevention of Cruelty to Animal Act, read with Section 13(1) of the Assam Cattle Preservation Act, this application under Section 482 of the BNSS, is preferred by applicant namely, Md. Bobidul Ali, for grant of pre-arrest bail.
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3. The aforementioned case was registered on the basis of an FIR lodged by SI Jabed Ali Ahmed of Gurufela Outpost, on 19.08.2026.
3.1. The essence of allegation made in the FIR is that the informant and the IC of Gurufela Outpost, at about 11:45 pm, at village Vodeyaguri, found two persons, namely, Babul Ali and Sariful Ali, carrying seven cattle in a Bolero Pickup vehicle, bearing registration No. AS-01-SC-3799, tied with ropes, without any valid documents and the same were suspected to have been stolen.
4. Mr. Rahman, learned counsel for the applicant, submits that this Court was pleased to grant interim protection to the applicant, vide order dated 28.08.2026 and pursuant to the said order, the applicant has appeared before the IO and cooperating with the investigating agency and his statement has also been record and therefore, it is contended to make the interim order dated 28.08.2026, absolute in the same terms and conditions.
5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, by producing the case diary before this court, submits that though the case diary has been received, the same has not been updated since 31.08.2026.
6. Be that as it may, since the applicant has been cooperating with the investigating agency, this Court is of the view that his custodial interrogation seems to be unwarranted here in this case. And therefore, this Court is inclined to make the interim order dated 28.08.2026, absolute in the same terms and condition.
7. In terms of above this AB stands disposed of.
8. The case diary be returned.
JUDGE Comparing Assistant