Bail Appln./2547/2026 of BABUL ALI AND ANR Vs THE STATE OF ASSAM on 10 September 2026

ORDER

11.09.2026 Heard Mr. A. W. Aman, learned counsel for the accused and Mr. P. Barthakur, learned Additional Public Prosecutor for the State respondent.

2. This application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by accused persons, namely, (i) Babul Ali and (ii) Sariful Ali, who have been languishing in jail hajot since 20.08.2026, in connection with Kachugaon P.S. Case No. 26/2026, under Sections 303(2)/317(2)/3(5) of the BNS, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, read with Section 11(1)(a)(b)(e) (h) of the Prevention of Cruelty to Animals Act, 1960; for grant of bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by one Jabed Ali Ahmed of Gurufela Outpost, on 18.08.2026. The essence of allegation in the FIR, dated 18.08.2026, is that on 18.08.2026, at about 11:45 PM, the informant, along with the In-charge of Gurufela Outpost, accompanied by other police personnel, proceeded to Vodeyaguri FV Village, in connection with Gurufela Outpost GDE No. 366, dated 18.08.2026, and they found two persons, namely, Babul Ali and Sariful Ali, i.e., the applicants herein; being detained by the villagers, along with a Bolero Pickup Van bearing Registration No. AS-01-SC-3799, with 7 (seven) Nos. of cattle, being tied with ropes and loaded in the vehicle, without any valid document and as such, they were suspected to be stolen. Thereafter, the vehicle and the 7 (seven) Nos. of cattle were taken to the Gurufela Outpost, along with the two accused persons.

4. Mr. Aman, learned counsel for the accused submits that the accused persons are the driver and handyman of the vehicle, bearing Registration No. AS-01-SC-3799, and they were arrested on 20.08.2026, and since then, they have been languishing in jail hajot for the last 23 days, and in the meantime, the investigation might have been completed and as such, he has contended to allow this application.

5. Mr. Barthakur, learned APP for the State respondent, by producing the case diary before this Court, submits that the present accused persons are the main culprits and they are the driver and handyman of the vehicle bearing registration No. AS-01-SC-3799, and that the investigation is going on, and therefore, he has contended to dismiss this application.

6. Having heard the submissions of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also gone through the case diary, produced before this Court by Mr. Barthakur, learned APP.

7. In view of the progress of the investigation and also in view of the period of detention of the accused persons in jail hajot for the last 23 days, their further custodial detention seems to be unwarranted in the interest of investigation. And accordingly, this Court is inclined to allow this petition.

8. It is provided that on furnishing a bond of Rs. 25,000/- each, with one surety of the like amount, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gossaigaon, the accused persons shall be enlarged on bail.

9. In terms of the above, this bail application stands disposed of.

10. Case diary be returned.

JUDGE Comparing Assistant