Sofir Uddin and Anr. Vs the State of Assam

¶1

Page No.# 1/4

¶2

GAHC010002492026

¶3

2026:GAU-AS:1805

¶4

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

¶5

Case No. : AB/76/2026

¶6

SOFIR UDDIN AND ANR S/O- MOHMMAD ALI. R/O- VILL.- KAWAIMARI, P.O.- JURIA, P.S.- RUPAHI, DIST.- NAGAON, ASSAM. 2: ROSHIDUL HOQUE S/O- ARFAT ALI. R/O- VILL.- GERUAMUKH P.S.- RUPAHI DIST.- NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

¶7

Advocate for the Petitioner : MS. G BORAH, D. BHARADWAJ,MS. M DEKA

¶8

Advocate for the Respondent : PP, ASSAM,

¶9

Page No.# 2/4

¶10

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

¶11

ORDER

¶12

Date : 10-02-2026

¶13

Heard Mr. G. Bora, learned counsel appearing for the accused applicant and Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.

¶14

This bail application under Section 482 of the BNSS, 2023, has been filed by the petitioners, namely, 1) Sofir Uddin and 2) Roshidul Hoque, who claim to be the owner of the cattle and the owner of the vehicle, respectively, are apprehending their arrest, in connection with Jagiroad PS Case No. 314/2025, under Section 303(2) of the BNS, 2023, read with Section 13(1) of the Assam Cattle Preservation Act, 2021, and Sections 11(1)(a)/11(1)(b) of the Preservation of Cruelty of Animal Act.

¶15

The brief fact of the case is that on 18.12.2025, an FIR was lodged before the In-Charge, Nellie Police Out Post, Morigaon, Assam, by one ASI Bikash Chandra Das of Nellie OP, Jagiroad Police Station, Morigaon, Assam, alleging that upon receipt of certain secret information regarding illegal transportation of cattle, a vehicle was intercepted on National Highway-27 at Palahguri. Upon checking, 35 (Thirty-Five) bulls were found loaded in an extremely congested, unsafe and inhumane condition. The bulls along with the vehicle were seized. Upon receipt of the FIR, the police registered Jagiroad P.S. Case No. 314/2025 under the aforementioned sections.

¶16

Ms. Bora, learned counsel for the accused applicants submits that accused applicant No. 1 has already been granted interim pre-arrest bail by this Court and, thereafter, appeared before the investigating officer in terms of the order dated 19.01.2026.

¶17

Page No.# 3/4

¶18

Learned counsel for the accused applicants further submits that accused applicant No. 2 is the owner of the vehicle which was seized along with the cattle. However, she submits that accused applicant No. 2 had given the vehicle on rent on a bona fide belief that the cattle were being carried in a lawful manner. She further submits that accused applicant No. 2 had no knowledge of the alleged illegal transportation. It is also submitted that accused applicant No. 2 is willing to cooperate with the investigation if this Court grants bail to him.

¶19

Mr. K. K. Parasar, learned Additional Public Prosecutor, on the other hand, opposes the grant of bail to accused applicant No. 2.

¶20

I have considered the submissions made by the learned counsel appearing for the respective parties and have perused the materials placed before this Court.

¶21

After considering the matter in it’s entirety, this Court is of the opinion that the interim pre-arrest bail granted in favour of accused applicant No. 1 should be made absolute. Accordingly, the interim pre-arrest bail granted to accused applicant No. 1, namely, Sofir Uddin , vide order dated 19.01.2026, is hereby made absolute on the same terms and conditions.

¶22

With respect to accused applicant No. 2, this Court is of the opinion that he should be granted the privilege of pre-arrest bail. Accordingly, it is directed that, in the event of arrest of accused applicant No. 2, namely, Roshidul Hoque , by the arresting authority, he shall be released on bail upon furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one surety of the like amount to the satisfaction of the arresting authority, in connection with Jagiroad P.S. Case No. 314/2025, subject to the following conditions:

¶23

i. that the accused applicant No. 2 shall appear before

¶24

Page No.# 4/4

¶25

the investigating officer within 10 (ten) days from passing of this order;

¶26

ii. that the accused applicant No. 2 shall cooperate with the investigation and make himself available before the investigating authority as and when called for;

¶27

iii. that the accused applicant No. 2 shall not directly or indirectly try to hamper or tamper with the investigation in the instant case;

¶28

In view of the above directions, the anticipatory bail application stands disposed of as allowed.

¶29

JUDGE

¶30

Comparing Assistant

Sofir Uddin and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sofir Uddin and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Biju Ahmed Alias Kolu and Anr. Vs the State of Assam

Rahul Amin Laskar Vs the State of Assam

Oli Bibi and Anr. Vs the State of Assam

Abhishek Bhattacharjee Vs the State of Assam

Akkel Ali and 2 Ors. Vs the State of Assam

MD Swariful Islam Vs the State of Assam