Page No.# 1/4 GAHC010106652025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1675/2025 MD JAKIR HUSSAIN @ MD. ZAKIR HUSSAIN SON OF MD. HAMED ALI R/O VILL- NO. 2 KUMALIA, P.O. PANIBHARAL, PIN-784176 P.S. BISWANATH CHARIALI, DIST. BISWANATH, ASSAM, VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. P BORDOLOI, MS M NIROLA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 15.07.2025 1. Heard Mr. P. Bordoloi, the learned counsel for the petitioner. Also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Md. Jakir Hussain @ Md. Zakir Hussain, who has been detained behind the bars since 11.05.2025 (for the last 66 Page No.# 2/4 days) in connection with Gingia P.S. Case No. 06/2025, under Sections 61(2)/329(3)/111(3) of BNS, 2023 read with Section 25(1-A) of the Arms Act, 1959. 3. The gist of accusation in this case is that on 09.01.2025, one Manabjyoti Malakar, SI of Police had lodged an FIR before the Officer-In- Charge of Gingia Police Station, inter alia, alleging that on receipt of an information through reliable sources that about three months prior to the lodging of the FIR, some unknown culprits illegally entered in Kaziranga National Park via the river route and they conspired to poach a rhinoceros, severed its horn and sell it at an exorbitant price. However, they failed to execute their malicious plan. It is also alleged that the said group is involved in illegal activities of poaching and they are coordinating with sharpshooters from Manipur and Dimapur to facilitate the poaching of rhinoceroses. 4. The learned counsel for the petitioner has submitted that the petitioner is in no way involved in the offence alleged in the FIR. He further submits that the petitioner has not been named in the FIR and no offence has been committed as leveled from the FIR itself. He further submits that the petitioner has been arrested merely on the basis of the statement of the co-accused. He also submits that no arms or immunizations has been recovered from the possession of the present petitioner. Learned counsel for the petitioner further submits that the petitioner has been detained behind the bars for last 66 days and considering the period of detention he may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has Page No.# 3/4 produced the case diary of Gingia PS Case No. 06/2025 and has submitted that the group of which the petitioner is a member is involved in poaching of rhino in the Kaziranga National Park. He also submits that one of the co-accused has alleged about missing of one live 303 rifle and ammunitions. He submits that investigation is going on and considering the nature of offence involved in this case, the petitioner may not be allowed to go on bail at this stage. 6. I have considered the submissions made by the learned counsel for both sides and have perused the case diary. 7. On perusal of the case diary, it appears that no specific instance of poaching of any rhinoceros by the petitioner could be found till this stage of the investigation. Though there is strong suspicion that the petitioner might be involved in the gang which had planned and prepared to poach rhinoceros in the Kaziranga National Park, however, at this stage, apart from strong suspicion against the petitioner, nothing concrete is available against him. 8. Moreover, considering the fact that the petitioner has been detained behind the bars for last 66 days, considering the period of detention undergone by the petitioner, this Court is of the considered opinion that if the petitioner co-operates with the Investigating Officer in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of the case. 9. For the aforesaid reason, the above named petitioner is allowed to go on bail of Rs.30,000/- with one surety of like amount to the Page No.# 4/4 satisfaction of learned Chief Judicial Magistrate, Biswanath with following conditions: (i) the petitioner shall appear before the Investigating Police Officer as and when called for and shall co-operate with the investigation; and (ii) the petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to any other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 10. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant