The court grants anticipatory bail under specific conditions considering pending investigations.

ORDER

14.08.2025

1. Heard Mr. T. Chutia, learned counsel appearing for the petitioners. Also heard Mr. D. P. Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

2. This petition under Section 482 BNSS , is filed for granting the privilege of pre-arrest bail to the petitioners, namely, Swariful Islam and Iman Ali apprehending his arrest in connection with Jagiroad P.S. Case No. 179/2025 registered u/s 303(2)/3(5) BNS, 2023 R/W Section 13 (1) of Assam Cattle Preservation Act, 2021 , R/W Section 11 (1)(a)(b) of Prevention of Cruelty to Animal Act, 1960.

3. The FIR reveals the allegation of recovery and seizure of 48 numbers of cattle from a vehicle bearing registration No. AS02CC8834.

4. Learned counsel for the petitioner drawing attention to the paragraph 4 of the bail petition submits that the petitioner No.1 is the owner of the seized cattle and petitioner No.2 is the driver of the said vehicle. He further submits that the cattle were legally purchased from the market and in support of his contention he has annexed the purchase receipt along with the petition. Learned counsel for the petitioner further submitted the copy of the zimma order dated 13.08.2025 passed by the learned JMFC, Morigaon wherein zimma of the said vehicle and cattle was allowed.

5. Mr. D. P. Goswami, learned Addl. P.P., Assam submits that the case diary is received but investigation is not compete.

6. In view of the materials available at this stage including the order of zimma of the learned court below, the petitioner, named above, in the event of their arrests in this case shall be released on bail on furnishing bail bond of Rs.20,000/- each with one suitable surety of the like amount each to the satisfaction of learned concerned court.

7. The direction for bail is further subject to the conditions that the petitioners:

(a) shall not co-operate with the investigation and make themselves available before the Investigating Officer;

(b) shall not in any manner hamper or tamper with evidence.

8. Accordingly, the anticipatory bail application stands allowed and disposed of on the aforesaid terms.