Bail Appln./2545/2026 of RAJIBUL ALI 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, namely, Rajibul Ali, who has been languishing in jail hajot since 22.08.2026, 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, 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 was arrested on 22.08.2026, and he has been languishing in jail hajot for the last 21 days, and that the accused is innocent and no way involved with the offence alleged. He also submits that the accused is not the owner of the vehicle and the owner of the vehicle has already been granted the privilege of pre-arrest bail, by a Co-ordinate Bench of this Court, vide Order, dated 28.08.2026, in A.B. No. 2039/2026; and that the accused is ready to co-operate with the investigating agency and is ready to face the trial and under such circumstances, 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 is the main culprit and he is the owner 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 in jail hajot for the last 21 days, his 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/- with one surety of the like amount, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gossaigaon, the accused 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