Abdul Kadir Vs The State of Ap

¶1

Page No.# 1/4

¶2

GAHC040006502026

¶3

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

¶4

Case No. : AB/44/2026

¶5

Abdul Kadir

¶6

Son of Shri Abduk Khalak, resident of village 3 No, Islampur Block, PO and PS Dharampur, Lakhimpur District, Assam and presently resident of Dokum Colony, Naharlagun, PO and PS Naharlagun, Papum Pare District, Arunachala Pradesh.

¶7

VERSUS

¶8

The State of AP represented by the PP of AP

¶9

Advocate for the Petitioner : Jambey Tsering Kee, Pekyum Tamin

¶10

Advocate for the Respondent : P P of AP,

¶11

BEFORE

¶12

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

¶13

ORDER

¶14

Date : 13-05-2026

¶15

Heard Mr. P. Tamin, learned for the accused applicant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State.

¶16

2. This is an application under Section 482 of BNSS, 2023 praying for grant of pre-arrest bail to the accused applicant, namely, Shri Abdul Kadir in connection with Chimpu P.S. Case No.33/2026 corresponding to G.R.

Page No.# 2/4

Case

No.408/2026 under

Section

61(2)/109/132/121(2)/303(2)/317(4)/111/3(5) of BNS, 2023, read with Section 11(1) (d) (e) Cruelty of Animal Act, 1960, read with Section 184/187 M.V. Act.

¶22

3. An FIR was lodged on 30.04.2026 by Shri Tate Nabam, (Sub-Inspector Chimpu Police Station) alleging inter alia that on the intervening night of 30.04.2026 at around 01.30 AM, while performing Naka Checking duty at Baath Village, while signalling to stop the vehicle bearing registration No. AS-01-BW-5707 (Ertiga) rammed the Naka Check point causing head injuries to informant and other police persons; that the offended vehicle has been intercepted 400 hundred meters ahead of place of occurrence, however, the occupants managed to flee, taking advantage of darkness; that from the vehicle, 6(six) numbers of cattle recovered, were found loaded inside the vehicle. In terms of the aforesaid FIR, a case has been registered vide Chimpu PS Case No. 33/2026 corresponding to G.R. Case No.408/2026 under aforementioned sections.

¶23

4. During the investigation, the police arrested the driver of the offended vehicle, namely, Anarul Haque and his accomplice Shri Dildar Hussain on 30.04.2026 and on the same day, on the disclosure of the aforesaid 2(two) accused persons, another accused person, namely, Shri Ashok Yangfo, the licensee cattle supplier from Itanagar was also arrested.

¶24

5. The learned counsel appearing for the accused applicant submits that the accused applicant is no way connected with the incident that has occurred and he submits that accused applicant is a vendor and get his supply from Ashok Yangfo under due payments and he is no way

¶25

Page No.# 3/4

¶26

connected with the cattle smuggling or theft. The learned counsel submits that the accused applicant purchases cattle from many suppliers from Assam and not only confined to purchase from the instant alleged accused persons but from many other suppliers. He submits that accused applicant is not aware of any theft of the cattle. He submits that he generally gets supplies from the aforesaid Ashok Yangfo. In view of the aforesaid, the learned counsel submits that since aforesaid Shri Ashok Yangfo is also arrested, he is apprehending his arrest in the instant case and therefore, he should be allowed to go on pre-arrest bail and willing to co-operate with the investigation.

¶27

6. Case diary as called for has been received and produced before this Court.

¶28

7. Mr. G. Tado, learned Additional Public Prosecutor for the State submits that there are sufficient incriminating materials of involvement of the accused applicant in smuggling and theft of the cattle in and around the border areas of Assam. He submits that in the instant case also, along with the arrested persons, the accused applicant had conspired for committing theft of cattle. He submits that the stolen cattle were used for the purpose of meat and selling in his shop. Therefore, learned Additional Public Prosecutor submits that in the instant case, the accused applicant should not be granted any pre-arrest bail, at this stage as the investigation is still going on.

¶29

8. This Court has heard the submissions made by the learned counsel appearing for the respective parties and has also gone through the

¶30

Page No.# 4/4

¶31

materials brought before this Court vide the case diary.

¶32

9. After having found sufficient incriminating materials about the involvement of the accused applicant and his active part in commission of the offence as alleged in the FIR, this Court is not inclined to grant anticipatory bail to the accused applicant, at this stage. Accordingly, instant anticipatory bail application is dismissed.

¶33

10. Case diary be returned.

¶34

JUDGE

¶35

Comparing Assistant

Abdul Kadir v. The State of Ap

Case brief

What is this about?

What did the court decide?

Abdul Kadir v. The State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smti Techi Meso Kara and Anr. Vs The State of Ap

Smti Yanga Guha and Anr. Vs The State of Ap

Miss Rinchin Drema and Anr. Vs The State of Ap

Nuney Tayang Vs The State of Ap and Anr.

Nabam Takar and 4 Ors. Vs The State of Ap

Rabiyal Hussain and Anr. Vs The State of Ap