Page No.# 1/6 GAHC010123872025 2025:GAU-AS:10073 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1928/2025 MONURANJAN DOLEY SON OF RAMESWAR DOLEY, RESIDENT OF VILL- DEHING KALGHAR, P.O.- DEHINGMUKH, P.S.- DIMOW, DIST.- SIVASAGAR-785671, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. A R BHUYAN, MR S ABDULLAH Advocate for the Respondent : PP, ASSAM, SC, FOREST BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 04.08.2025 Heard Mr. A. R. Bhuyan, learned counsel for the applicant. Also heard Mr. B. Sharma, learned Special Public Prosecutor, Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of regular bail to the applicant/accused i.e., Monuranjan Doley, who was arrested on Page No.# 2/6 28.02.2025, in connection with O.R D/56 of 2024-2025 dated 11.01.2025, registered under Section 9/39/40(2), 48(A) and 49(B) which is punishable under Section 51 of Wildlife (Protection) Act, 1972. 3. The brief fact of the case is that on 28.02.2025 at about 7.30 am, on the basis of a specific intelligence input a search warrant was issued, and upon conducting a search in the house premises of the applicant/accused and another co-accused person, who were suspected to be related with the offence No. O.R D/56 of 2024-2025 dated 11.01.2025, registered under Dhemaji Range, apprehended the applicant/accused, and seized one no. of mobile phone from his possession as per Wildlife (Protection) Act, 1972; however, the other co- accused person was not found. 4. It is pertinent to mention that earlier the applicant/accused by filing bail application 1014/2025 sought regular bail from this court; however, vide order dated 02.05.2025, in view of the endorsement made by the learned Additional Public Prosecutor, that the final full Offence Report has been filed by the Investigating Officer before the learned jurisdictional Chief Judicial Magistrate Court, this court disposed of the bail application by giving liberty to the applicant/accused to appear before the jurisdictional Chief Judicial Magistrate Court, and in the event the petitioner appears before the jurisdictional Chief Judicial Magistrate Court, the jurisdictional Court shall consider the bail prayer in accordance with law and pass appropriate order. 5. 5. It appears that thereafter, the applicant/accused approached the learned Sessions Judge, Dhemaji, by filing B.A. No.21/2025 and prayed Page No.# 3/6 for regular bail; however, vide order dated 09.05.2025, the prayer for bail was rejected. Relevant paragraphs of the order dated 09.05.2025, is extracted hereunder for ready reference: - “Misc (B) Case No.21/2025 Present- Sri K. Saikia. Sessions Judge, Dhemaji, 09/05/2025 The bail petitioner is represented. By this application u/s 483 of BNSS the petitioner has prayed for bail to her accused husband Monuranjan Doley in connection with Case No.D/56 of 2024/2025 corresponding 9/39/40(2)/48(A)/49(B)/51(1) of Wild Life Protection Case No.19/2025 u/s Act, 1972. to CR The LCR alongwith the offence report as called for has been received from the learned CJM, Dhemaji. Heard both sides. The prosecution case is that on 11/01/2025, a team of (ante smuggling) Custom Division, Guwahati lead by Superintendent Sri Utpal Das handed over one accused Sri Palash Pegu alongwith one Royal Bengal Tiger screen, skull, jaws, teeth and other skeletal, one TVS scooty and Bajaj pulsar seized from accused Palash Pegu to the to the Forest Range Officer, Dhemaji Range Office. Thereafter, case was registered and investigation was carried out. During investigation, accused Palash Pegu disclosed that accused Monuranjan Doley was also involved in the case and accordingly, he was arrested. I have perused the offence report submitted by the IO alongwith the Page No.# 4/6 other relevant materials. There are sufficient incriminating materials against the accused. Accordingly, bail prayer is rejected. This Misc Case stands disposed of accordingly.” Situated thus, the present bail application has been filed. 6. Mr. A. R. Bhuyan, learned counsel for the applicant submits that the applicant/accused is no way connected to this case, and he was arrested only on the basis of the statement of the co-accused and except for the mobile phone, no contraband articles were seized from his possession. He further submits that the co-accused has been granted bail by the Court of learned Sessions Judge, Dhemaji, by order dated 09.05.2025, and thus prayed to release the applicant/accused also on regular bail. 7. Per contra, Mr. B. Sharma, learned Special Public Prosecutor, Assam, while strongly opposing the prayer for grant of bail, submits that the involvement of the applicant/accused is apparent from the incriminating material available on the record. 8. I have considered the submissions advanced by the learned counsels for both the parties and also perused the materials available on record. 9. From perusal of the record, it appears that the Investigating Officer did not seize any prohibited items but only seized a mobile phone from the possession of the applicant/accused. Moreover, the applicant/accused has been in judicial custody for the last 157 days. It further appears that the investigation in this case has already been completed and the Investigating Officer has already submitted the Final Report before the Page No.# 5/6 jurisdictional court, and presently the case is in the stage of appearance of the accused persons. It further appears that there is no adverse criminal antecedent found against the applicant/accused in the case record. 10. Considering the totality and the facts and circumstances of this case, this Court is of the considered opinion that further detention of the applicant/accused is not justified. Accordingly, it is provided that the applicant/accused namely Monuranjan Doley, shall be released on bail in connection with offence No. O.R D/56 of 2024-2025 dated 11.01.2025, registered under Section 9/39/40(2), 48(A) and 49(B) which is punishable under Section 51 of Wildlife (Protection Act), 1972, on furnishing of a bail bond of Rs. 30,000/- (rupees thirty thousand) only, with one surety of like amount, to the satisfaction of the learned Sessions Judge, Dhemaji. 11. The bail granted to the applicant/accused shall be subject to the following conditions:- (i) That the applicant/accused shall regularly appear before the learned Sessions Judge, Dhemaji, on all dates to be fixed from time to time till the case is disposed of; (ii) That the applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court; and (iii) That the applicant/accused shall not leave the jurisdiction of the learned Sessions Judge, Dhemaji, without prior permission. Page No.# 6/6 (iv) That the applicant/accused shall refrain from such activities with which he is alleged, failing which, bail order shall stand cancelled. 12. Resultantly, this bail application stands allowed and is disposed of. JUDGE Comparing Assistant