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2024 Supreme(Online)(GAU) 6736

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


Advocates:
A W AMAN, MR S A BARBHUYAN, SAMIM RAHMAN, MS SURAYA RAHMAN, MR. SURAJIT DAS, MR SARFRAZ NAWAZ

ORDER

Date : 12.09.2024 Heard Mr. S. Nawaz, learned counsel for the petitioner 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. Jowaher Ali has prayed for grant of bail in connection with Gossaigaon P.S. Case No.45/2024 under Section 379/411/34 IPC r/w Section 13 (1)/14 of the Assam Cattle Preservation (Amendment) Act .

The allegation in the FIR relates to illegal transportation of cattle for business purpose.

The learned counsel for the petitioner submits that petitioner was arrested on the basis of information from two co-accused persons namely, Jamal Uddin and one Saiful Islam who were guiding the vehicle No. AS-26 AC-0184 loaded with 10 Nos. of cattle in Grahampur area. The petitioner was arrested along with 3.5 kgs of beef at Padmabil village. However, as the petitioner is behind judicial custody for last 15 days since his arrest on 29.08.2024, considering the length of detention, his prayer for bail may be considered.

The learned Addl.P.P. has made no objection against the prayer of the petitioner. Having heard the learned

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