Faridul Ali vs The State Of Assam on 19 July, 2025

Gauhati High Court

Faridul Ali vs The State Of Assam on 19 July, 2025

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GAHC010153632025




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                              THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./2256/2025

            FARIDUL ALI
            S/O MOHIMUDDIN ALI
            VILL- BURHADOI, P.S. SIPAJHAR
            DIST. DARRANG, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP, ASSAM



Advocate for the Petitioner   : MR S H SIKDAR, MD IMRAN,A ISLAM

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 19.07.2025

Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Mr. M. P.
Goswami, learned Additional Public Prosecutor.

2. This application under Section 483 of the BNSS of 2023 has been filed by the
petitioner namely Faridul Ali, who has been detained behind the bars since
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01.07.2025 (for last 18 days) in connection with Baihata Chariali P. S. Case No.
167/2025 under Section 299/196 of BNS R/W Section 13(1) of the Assam Cattle
Preservation Act, 2021

3. The gist of accusation in this case is that on 01.07.2025 one Sumit Mahato,
SI of Police lodged and FIR before the Officer-In-Charge of Baihata Chariali Police
Station, inter-alia, alleging that on receipt of an information about illegal selling of
beef meat, a search was conducted in the hotels namely (i) Mughal Garden, (ii)
Sahee Darbar and (iii) Bismillah Hotel located at Nagaon PWD Road. During search
operation 20 KG of Beef meat was recovered from the Sahee Darbar Hotel.

4. Learned counsel for the petitioner submits that the petitioner is only an
employee of the said hotel and the owner of the said hotel was one Imran Ahmed,
who has also been arrested in connection with this case.

5. Learned counsel for the petitioner submits that the petitioner has been
detained behind the bars for last 17 days and considering the period of detention
he may be allowed to go on bail.

6. On the other hand, learned Additional Public Prosecutor has prayed for calling
of the Case Diary.

7. Learned Additional Public Prosecutor has also submitted that in the Mughal
Garden hotel on earlier occasion, police found illegal selling of beef meat of about
32 KG.

8. I have considered the submissions made by learned counsel for both the
sides and have gone though the materials available on record. Considering the
nature of offence involved as well as the fact that the suspected Beef Meat has
already been seized as well as considering the length of detention this Court is of
the considered opinion that further custodial interrogation of the petitioner may
be necessary, if he cooperates in the investigation, for fair completion of the
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investigation of Baihata Chariali P. S. Case No. 167/2025.

9. In view of the above the main petitioner is allowed to go on bail of Rs :

30,000/- (Rupees Thirty Thousand) with one surety of like amount subject to the
satisfaction of learned SDJM, Rangia with following conditions:

(i) That the petitioner shall not directly or indirectly make any
inducement, threat or promise to any person who may be acquainted with the
facts of the case so as to dissuade such person from disclosing such facts of the
case before the Investigation Officer;

(ii) That the petitioner shall co-operate in the investigation;

10. This bail application is accordingly disposed of.

JUDGE

Comparing Assistant