Nabi Hussain and Anr v. The State of Assam

ORDER Date : 16.08.2024 This is a common order for these two bail applications as both the bail applications have arisen out of the same FIR.

¶2Heard Mr. S. Munir, the learned counsel appearing for the petitioners and Mr.D. Das, the learned Additional P.P. for the State of Assam.

¶3Both the bail applications are filed under Section 483 of BNSS, 2023 praying for releasing the petitioners on bail, who were arrested in connection with Kaliabor P. S. Case No. 72/2024.

¶4On the night of 25.07.2024, five cows were stolen from the house of the Page No.# 3/3 informant.

¶5Thereafter, ten numbers of cows were recovered from the petitioners and the cows were sent to Ghoshala.

¶6The case diary does not disclose that those seized cows were stolen cows. Apart from that, the case diary further reveals that the petitioners are sellers and buyers of cows.

¶7Considering the aforesaid facts, both the bail applications are allowed.

¶8Accordingly, the petitioners, namely, Md. Nabi Hussain, Md. Kasaem Ali, Rofiqul Islam, Abdul Hannan and Sirajul Islam shall be allowed to go on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned S.D.J.M., Kaliabor, Nagaon.

¶9Both the bail applications stand disposed of accordingly. The CD (s) shall be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010165472024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2428/2024 NABI HUSSAIN AND ANR S/O BARHAN UDDIN RESIDENT OF KAWOIMARI, PS RUPAHIHAT, DIST NAGAON, ASSAM 2: MD. KASAEM ALI S/O LATE ABDUL ALI RESIDENT OF KAWOIMARI PS RUPAHIHAT DIST NAGAON ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MD IMRAN, MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN,MR S M ABDULLAH P Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./2298/2024 ROFIQUL ISLAM AND 2 ORS S/O BOSHLUR ROHMAN R/O KAWOIMARI P.S.-RUPAHIHAT DIST- NAGAON ASSAM 2: ABDUL HANNAN Page No.# 2/3 S/O LATE KODUSH ULLAH R/O KODAMGURI P.S.-RUPAHIHAT DIST- NAGAON ASSAM 3: SIRAJUL ISLAM S/O LATE JAHUR ALI R/O KODAMGURI P.S.-RUPAHIHAT DIST- NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM ------------ Advocate for : MR S M ABDULLAH P Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA