Partly allowed¶27

Idris Ali and 2 Ors. v. the State of Assam and 2 Ors.

Gauhati HC1 Feb 2026AB/3051/2025

Case brief

AI extract

What is this about?

Pre-arrest bail; anticipatory bail; Section 482 BNSS 2023; Section 303(2) BNS 2023; Section 13(1) Assam Cattle Preservation Act 2021; cow slaughter; selling of beef; stolen cows; seizure of cow legs, cow head and machete (bothi dao); Gingia P.S. Case No. 146/2025; ASI Junmoni Das; Biswanath district, Assam; Gauhati High Court; AB/3051/2025; bail granted to petitioner No. 3 Ali Hussain; bail rejected for petitioner Nos. 1 and 2 Md. Idris Ali and Abdul Hasid; interim order dated 05.01.2026 made absolute.

What did the court decide?

Pre-arrest bail allowed for petitioner No. 3 (Ali Hussain) and interim order dated 05.01.2026 made absolute in his favour; prayer for pre-arrest bail rejected for petitioner Nos. 1 and 2 (Md. Idris Ali and Abdul Hasid); bail application disposed of and case diary directed to be sent back. ¶27

Idris Ali and 2 Ors. Vs the State of Assam and 2 Ors. — Anticipatory Bail | Gauhati HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to pre-arrest bail under Section 482 of BNSS, 2023, apprehending arrest in connection with Gingia P.S. Case No. 146/2025 registered under Section 303(2) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021. +1 more

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Court's answer

Prayer for pre-arrest bail of petitioner No. 3 (Ali Hussain) is allowed.

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Ratio / Principle

The involvement of petitioner Nos. 1 and 2 (Md. Idris Ali and Abdul Hasid) in the alleged offence is apparent through their own statements, as materials are available against them in the case diary.

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Key takeaways

The involvement of petitioner No. 3 (Ali Hussain) in the alleged offence is not supported by the materials on record.ratio¶23
Prayer for pre-arrest bail of petitioner Nos. 1 and 2 (Md. Idris Ali and Abdul Hasid) is rejected.ratio¶25
The interim order dated 05.01.2026 is made absolute so far as it relates to petitioner No. 3 (Ali Hussain).ratio

Detailed headnote1 paragraphs

Anticipatory bail — Application under Section 482 of BNSS, 2023 apprehending arrest in Gingia P.S. Case No. 146/2025, registered under Section 303(2) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021 — Allegation of selling beef obtained by slaughtering stolen cows; search resulted in seizure of 4 cow legs, one cow head and a machete (bothi dao); FIR lodged 16.12.2025 by ASI Junmoni Das — Involvement of petitioner Nos. 1 and 2 (Md. Idris Ali and Abdul Hasid) apparent through their own statements, with materials in case diary; pre-arrest bail rejected — Involvement of petitioner No. 3 (Ali Hussain) not supported by materials on record; pre-arrest bail allowed and interim order dated 05.01.2026 made absolute — Case diary to be sent back. (Gauhati High Court, Sanjeev Kumar Sharma, J., 02.02.2026, AB/3051/2025)

Page No.# 1/3

GAHC010289622025

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

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Case No. : AB/3051/2025

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IDRIS ALI AND 2 ORS S/O AINAL HOQUE, R/O VILL. NIZ BAGHMARI, P.O. BURIGANG, P.S. GINGIA, DIST. BISWANATH, ASSAM, PIN 784176

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2: ABDUL HASID

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S/O CHAMED ALI R/O VILL. NIZ BAGHMARI P.O. BURIGANJ P.S. GINGIA DIST. BISWANATH ASSAM PIN 784176

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3: ALI HUSSAIN

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S/O SURUT JAMAL R/O VILL. BRAHMAPUTRA CHAPARI P.O. BURIGANG P.S. GINGIA DIST. BISWANATH ASSAM PIN 78417 VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY PP, ASSAM.

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Advocate for the Petitioner : MR. S RAHMAN, MR A N IQBAL

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 02.02. 2026

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Heard Mr. S. Rahman, learned counsel for the petitioners and Mr. P. S. Lahkar, learned Addl. Public Prosecutor for the State respondent.

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This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 filed by the petitioners, namely (1) Md . Idris Ali, (2) Abdul Hasid and (3) Ali Hussain , praying for pre-arrest bail, apprehending arrest in connection with Gingia P.S. Case No. 146/2025 registered under Section 303(2) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021.

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The allegation made against the petitioners is that on receiving secret information, the informant, ASI Junmoni Das has lodged an FIR on 16.12.2025 against the accused Md. Amir Hussain regarding selling of beef by way of cow slaugher. Accordingly a search was conducted and 4 Nos. of cow legs, one cow head and a machete (bothi dao) were seized from his house. The accused person alongwith other accused have been selling of beef by slaughtering cows and the cows were obtained by way of stealing. The body parts of the dead cows were sent to the Veterinary doctor for examination. On receipt of the said information, Gingia P.S. Case No. 146/2025 under Section 303(2) of BNS, 2023 read with Section 13(1) of Assam Cattle Preservation Act, 2021 has been registered. Hence, the present case.

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Pursuant to the interim order dated 05.01.2026, the petitioners had appeared before the I.O. and their statements have been recorded.

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The involvement against the petitioner Nos. 1 and 2 are apparent through their own statement as the materials are available against them in the case diary. However, the involvement of the petitioner No. 3 in the alleged offence does not appear to be supported by the materials on record.

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Having regard to the same, prayer for pre-arrest bail of petitioner No. 3 namely, Ali Hussain is allowed.

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The prayer for pre-arrest bail in respect of the petitioner Nos. 1 and 2 namely, Md . Idris Ali and Abdul Hasid is rejected.

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The interim order dated 05.01.2026 so far it relates to the petitioner No. 3 namely, Ali Hussain is made absolute.

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The bail application is disposed of.

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Send back the case diary.

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JUDGE