Gauhati High Court
Mominul Hoque vs The State Of Assam on 19 July, 2025
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GAHC010153642025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2263/2025
MOMINUL HOQUE
S/O- LATE ABDUL KHALEQUE.
R/O- VILL.- ITARVITA, P.S.- HOWLY, DIST.- BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S
RAHMAN
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
Date : 19.07.2025
Heard Mr. S. Rahman, leaned counsel for the petitioner also heard Mr. M. P.
Goswami, learned Additional Public Prosecutor.
2. This application under Section 483 of the BNSS 2023 has been field by
the petitioner namely, Mominul Haque, who has been detained behind the bars
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since 01.07.2025 (for last 17 days ) in connection with Gobardhana P.S. Case No.
68/2025 under Section 13 of the Assam Cattle Preservation Act, 2021.
3. The gist of acquisition in this case is that on 01.07.2025, one Sri Gopal Das,
SI of Police have lodged an FIR before the Officer-in-charge of Gobardhana Police
Station, inter-alia, alleging that an information was received through reliable
sources that, two hotels namely Bismillah Hotel and Mewati Muslim Hotel & Dhaba
situated at Helonarpam, Simlaguri was selling illicit beef meat without any
authorization. Accordingly, a search operation was conducted and 10.81 Kg beef
meat was recovered from Bismillah Hotel and 2.730 Kg beef meat was recovered
from Mewati Muslim Hotel & Dhaba.
4. Learned counsel for the petitioner has submitted that the petitioner is the
owner of Mewati Muslim Hotel & Dhaba and only 2.730 Kg of suspected beef meat
was recovered from the said hotel. He submits that the meat which was recovered
from the hotel is not of beef but of buffalo. On the other hand, he also submits
that considering the period of detention undergone by the petitioner, the petitioner
may be allowed to go on bail.
5. On the other hand, learned Additional Public Prosecutor has opposed the
grant of bail at this stage and has prayed for calling of the case diary.
6. I have considered the submissions made by the learned counsel for both the
sides and have perused the materials available on record. From the material
available on record, it appears that the suspected beef meat has already been
seized and whether it is beef meat or buffalo meet would be revealed only after
the receive of Forensic Laboratory Report. However, considering the nature of this
case and the fact that the petitioner has been detained behind the bars for last 17
days, this Court is of opinion that the period of detention undergone by the
petitioner is sufficient for subjecting him to custodial interrogation in any offence
of such nature. His further custodial interrogation does not appear to be necessary
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if he co-operate in the investigation, for fair completion of the investigation of
Gobardhana P. S. Case No. 68/2025.
7. In view of the above the 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 the learned Chief Judicial Magistrate, Baksa, Mushalpur 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
Investigating Officer;
(ii). That the petitioner shall co-operate in the investigation;
8. This bail application is accordingly disposed of.
JUDGE
Comparing Assistant
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