Page No.# 1/5 GAHC010144002025 2025:GAU-AS:9214 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1541/2025 SAMUEL BASUMATARY @ SUMEL BASUMATARY S/O JOKEN BASUMATARY R/O VILL NO. 1 BALAJHAR PO AMTEKA BAZAR PS AMGURI SUB DIST SIDLI PT I PIN 783393 DIST CHIRANG ASSAM VERSUS THE STATE OF ASSAM REP BY THE SPECIAL PP ASSAM Advocate for the Petitioner : MR. B K GOGOI, MR. R B GOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 16.07.2025 1. Heard Mr. B.K. Gogoi, 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 482 of Bharatiya Nagarik Suraksha Page No.# 2/5 Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Samuel Basumatary alias Sumel Basumatary, who is apprehending his arrest in connection with Amguri P.S. Case No. 10/2025, under Sections 61(2) and 325 of the BNS, 2023 read with Section 51(1) of the Wildlife (Protection) Act, 1972 read with Sections 25(1-A)/27/35 of the Arms Act, 1959. 3. The gist of accusation in this case is that on 20.05.2025, one Pankaj Doley, SI of Police of Amguri P.S. had lodged an FIR before the Officer-in-Charge of Amguri Police Station inter alia alleging that on receipt of an information through credible sources that the accused persons named in the FIR (13 numbers of accused persons) including the present petitioner is involved in organized poaching activities within the Manas National Park. 4. It is alleged that the poachers remained inside the park and have hunted elephants by using Smooth Bore Muzzle Loading (SBML) firearms. 5. It is also alleged that in that respect one Joten Narzary, led to the recovery of a poached elephant carcass and bones in the Mwinaguri region of Amteka Range on 19.05.2025. 6. The learned counsel for the petitioner has submitted that the present petitioner is not involved in the offence alleged in the FIR and they have been named only on the basis of suspicion as their names appears in an earlier FIR which was registered as Amguri P.S. Case No. 9/2025 was registered. 7. He submits that no recovery of any wildlife material or firearms has been made from the present petitioner. He further submits that two of Page No.# 3/5 the named accused namely, Prosen Basumatary and Tarjen Basumatary have already been granted anticipatory bail by the Trial Court. 8. The learned counsel for the petitioner submits that the petitioner is ready to co-operate in the investigation and therefore, prays for allowing them to go on anticipatory bail. 9. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Amguri P.S. Case No. 10/2025, and has submitted that on the basis of statement of one of the co-accused namely, Joten Narzary, elephant carcass and Smooth Bore Muzzle Loading (SBML) firearms have been recovered. He further submits that two of the witnesses whose statements are recorded by the Investigating Officer have named the present petitioner of having being involved in Wildlife offences. He submits that the investigation is still going on and considering the fact that the offences involved are offences under the Wildlife (Protection) Act, 1972, he opposed the grant of anticipatory bail to the petitioner. 10. I have considered the submissions made by the learned counsel for both sides. 11. On perusal of the Case Diary, it appears that at the present stage, nothing has been recovered from the possession of the present petitioner, though two witnesses have specifically named the petitioner of having being involved in offences of elephants’ hunting, in connection with Amguri P.S. Case No. 9/2025, however, in respect of the present case, i.e. Amguri P.S. Case No. 10/2025, apart from strong suspicion, at Page No.# 4/5 this stage no concrete materials are available in the Case Diary against the petitioner. 12. Under such circumstances, this Court is of the considered opinion that if the petitioner co-operate in the investigation, his custodial interrogation may not be necessary for fair completion of the investigation of Amguri P.S. Case No. 10/2025. 13. More so, as two of the co-accused situated similarly have already been granted anticipatory bail by the Trial Court, in view of the above, the above-named petitioner is directed to appear before the Investigating Officer of Amguri P.S. Case No. 10/2025, within a period of 10(ten) days from the date of this order and co-operate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the above-noted case, they shall be allowed to go on bail of Rs. 50,000/-(Rupees Fifty Thousand) each with a suitable surety of like amount, subject to the satisfaction of the arresting authority with following conditions that:- (i) the petitioner shall appear before the Investigating Police Officer within 10(ten) days from the date of this order 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. (iii) the petitioner shall not leave the jurisdiction of the Court of the learned Chief Judicial Magistrate, Chirang, Kajalgaon during the pendency Page No.# 5/5 of the investigation without prior leave of the said Court. 14. This anticipatory bail application is accordingly disposed of. 15. Send back the Case Diary. JUDGE Comparing Assistant