Bail Appln./2070/2026 of IMRAN ALI Vs THE STATE OF ASSAM on 12 August 2026

ORDER

Date : 13.08.2026

Heard Mr. M. Rahman, learned counsel for the accused. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State respondent.

2. This petition, under Section 483, BNSS is preferred by accused, namely, Imran Ali, who has been languishing in jail hazot in connection with Lakhimpur P.S. Case No. 149/2026, under Sections 303(2)/325/3(5) of the BNS, 2023, read with Section 11(1)(a), (d), (e) of the Prevention of Cruelty to Animals Act, 1960, since 24.05.2026, for grant of bail.

3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by SI(P) Bishal Chetry of North Lakhimpur P.S. on 23.05.2026. The essence of allegation in the aforesaid FIR is that on that day, acting on a tip off, the informant, along with other police personnel, conducted ambush at Nokari W/N-1 and intercepted one vehicle, bearing Registration No. AS-01-FZ-7566, and also apprehended five persons, namely, Rafikul Hoque, Mofidul Ali, Mizanur Mir, Imran Ali and Ali Hussain, along with one cattle inside the vehicle, and when asked, they had failed to produce any valid document.

4. Mr. Rahman, the learned counsel for the accused submits that the accused has been languishing in jail hazot for last 82 days, and that investigation of the case has already been completed and charge-sheet has been submitted by the I.O. before the learned trial Court. Mr. Rahman also submits that out of the five accused, three accused have already been granted bail and that the case is yet to be committed to the learned Sessions Court, on account of non-appearance of the other three accused who were granted bail, and that the accused will face the trial, and therefore, he has contended to allow the petition.

5. On the other hand, Mr. Goswami, learned Additional Public Prosecutor has opposed the petition on the ground that after investigation, charge-sheet has already been submitted against the present accused having found sufficient materials against him.

6. Having heard the submissions of learned Advocates of both sides, this Court has carefully gone through the petition and the documents placed on record, and also perused scanned copy of the record received from the learned trial Court.

7. It appears that the accused has been languishing in jail hazot for last 82 days and after investigation of the case, the I.O. has submitted charge-sheet before the learned trial Court. Further, it appears that the case is pending at the stage of appearance, and three of the accused persons are yet to enter appearance. Further, since charge-sheet has been submitted, the question of hampering the investigation and tampering with the witnesses does not arise, and now the trial will start and the accused has to prepare his defence.

8. Keeping the aforesaid facts in mind, this Court is of the view that further custodial detention of the accused person is not warranted herein this case, in the interest of investigation.

9. Accordingly, this Court is inclined to allow the petition. It is provided that on furnishing a bond of Rs. 20,000/-, with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, the accused be enlarged on bail.

10. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant