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2024 Supreme(Online)(GAU) 11948

HIGH COURT OF GAUHATI
MRS. JUSTICE MALASRI NANDI, J
MD NASIB ALI – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
MR S M ABDULLAH P, MD IMRAN, MD R ISLAM, MR. S RAHMAN, MS F HUSSAIN

ORDER

Date : -04.10.2024 Heard Mr. S.M.Abdullah P, learned counsel for the petitioners as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent.

By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioner, namely, Md. Nasib Ali has prayed for grant of bail in connection with Nalbari P.S. Case No. 341/2024 under Section 303(2) of BNS, 2023 r/w Section 13(1) of Assam Cattle Preservation Act. The allegation in the FIR in brief is that on 19.09.2024, the informant along with his staff, based on an information regarding an accident, recovered 9 Nos. of goats from the vehicle bearing Registration No. AS-01-FE-3640 which was coming from Barpeta side.

The learned counsel for the petitioner submits that the petitioner is innocent and is no way involved in the case. He has been arrested purely on suspicion. The goats were recovered. The petitioner has been languishing in judicial custody for last 15 days since his arrest on 20.09.2024 and as such, the petitioner may be enlarged on bail.

The learned Addl.P.P. submits that as the stolen goats were already recovered, bail prayer of the petitioner may be considered.

Having he

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