Hussain Ali @ Hossain Ali v. The State of Assam

ORDER 19-12-2024 Heard Mr. A. W. Aman, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2) By this application filed under Section 483 of the BNSS, 2023, the petitioners, namely, (1) Hussain Ali @ Hossain Ali, son of Josoruddin, resident of Village-Hudumkhatam, Police Station-Gossaigaon, District-kokrajhar,

(2) Abdul Salam, son of Saheb Hussain, resident of Village-Joyma No.2, Police Station-Gossaigaon, District-kokrajhar and (3) Saidul @ Saidul Ali, son of Late Jomer Ali, resident of Village-Joyma No.2, Police Station-Gossaigaon, District-kokrajhar are seeking bail in Gossaigaon Police Station Case No. 193/2024 corresponding to G.R. No. 218/2024 registered under Sections 303(2)/317(2)/3(5) BNS, read with Sections 13(1)/14 of the Assam Cattle Preservation Act, 2021, wherein they were arrested on 03.12.2024 and are in custody since then. 3) As per the FIR dated 03.12.2024 lodged by the informant before the Officer-in-Charge of Gossaigaon Police Station, the case is that two of his bullocks, one red colour and one white colour were stolen on the night of

03.12.2024 and 04.12.2024 by some unknown miscreants from his cowshed. 4) It is submitted by the petitioners that they have been wrongly detained in the case and no way connected with the case. 5) From the case diary placed before the Court today by Mr. Sarma, learned APP, it is seen that the petitioners who were apprehended by the villagers of Page No.# 3/4 Tokeyamari in the early morning of 04.10.2024 while taking away those two bullock with them and police personnel from Gossaigaon Police Station on getting the said information, arrived at the place of occurrence and apprehended the petitioners with the red colour bullock of the complainant. Later the complainant also reached the place and identified the bullock. 6) Case diary also indicated that two of the other accused persons, who had taken away the white colour bullock of the complainant are yet to be apprehended. 7) Considering the fact that the red colour bullock has already been recovered from the possession of the petitioners and considering their detention in custody since 03.12.2024, the Court is of the view that further custodial detention of the petitioners are not warranted for investigation of said Gossaigaon P.S. Case No. 193/2024. As such, this bail application of the petitioners is accepted. 8) Accordingly, the petitioners, namely, (1) Hussain Ali @ Hossain Ali, (2) Abdul Salam and (3) Saidul @ Saidul Ali, shall be released on bail in said Gossaigaon P.S. Case No. 193/2024 on furnishing a bail bond of Rs. 50,000/- each with two local sureties each of the like amount, to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Gossaigaon on conditions that the petitioners (i) shall appear before the Investigating Officer of said Gossaigaon P.S. Case No. 193/2024 on every Thursday during the office hours for the next 2 (two) English Calendar Months, commencing from

02.01.2025 or till the date of filing of the Charge-Sheet in said Gossaigaon P.S. Case No. 193/2024, whichever is earlier; (ii) shall not leave the territorial jurisdiction of the Gossaigaon Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) Page No.# 4/4 shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and (v) shall not involve themselves in any criminal activities in future. 9) Any violation of the aforesaid terms and conditions by the petitioners, named above, the bail granted to them in the aforementioned Gossaigaon P.S. Case No. 193/2024 shall stand automatically vacated. 10) Bail application is accordingly stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010266482024 ooooooo 2024:GAU-AS:13002 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3829/2024o HUSSAINoALIo@oHOSSAINoALIo S/OoJOSURUDDINoVILLAGEoHUDUMKHATAoNO.o2,oPSoGOSSAIGAON,DISTo KOKRAJHAR,oASSAM 2:oABDULoSALAM oS/OoSAHEBoHUSSAIN o RESIDENToOFoJOYMAoNO.o2 oPSoGOSSAIGAON oDISToKOKRAJHAR oASSAM 3:oSAIDULo@oSAIDULoALI oS/OoLATEoJOMERoALIoJOYMAoNO.o2 oPSoGOSSAIGAON oDISToKOKRAJHAR oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoPPoASSAM AdvocateoforotheoPetitionerooooo:oMDoAoRAHMAN,oISHANIoSHOME,SAMIMoRAHMAN,MSo SURAYAoRAHMAN,MRoSARFRAZoNAWAZ,MRoAoWoAMANo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK