Page No.# 1/4 GAHC010153192025 2025:GAU-AS:10569 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1620/2025 ANSULA NARZARY SON OF PRAMUSH NARZARY RESIDENT OF VILL- NO. 2, TAIGIRGURI, P.S. AMGURI DIST. CHIRANG, ASSAM, PIN-783390. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MS. A KHARBANI,MR. R K SARMA,MR J DAS,MR T CHAKRABORTY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 11.08.2025 Heard Mr. D. Choudhury, learned counsel for the petitioner and Mr. K.K. Parasar, learned Addl. Public Prosecutor. Page No.# 2/4 This is an application filed under Section 482 of the BNSS praying for grant of Anticipatory Bail to the petitioner in connection with Paneri P.S Case No. 25/25 under Section 120-B/429 of the IPC read with Section 25(1-B)(a) of the Arms Act, 1959. The FIR dated 16.05.2025 reveals that one and half years back, an elephant was poached in Kalajhar under Nonai Forest Range under Paneri P.S of Udaguri District and that an operation was lauched on 16.05.2025 by Udalguri police personnel and during the operation, they apprehended and interrogated two co- accused person and during the interrogation, the petitioner’s name came into surface along with others in commission of the said offence of poaching. During the said investigation, it was also found that one single barrel gun handmade was hidden at the back side of the house of one of the accused person with which the elephant was killed. The apprehended person admitted that they had killed the elephant with the said weapon and cut its tusks and left the animal there. It was also revealed in the investigation that the said tusks were sold and the money was distributed and on being led by the apprehended accused persons, the said gun was also recovered and seized. Mr. D. Choudhury, learned counsel appearing for the petitioner submits that the petitioner had no role in the said offence and his name was taken by the two apprehended accused persons. He further submits that the petitioner was arrested Page No.# 3/4 only on the statement of the co-accused and that there are no evidence to show that the petitioner was involved in the said offence. Mr. K.K. Parasar, learned Addl. Public Prosecutor on the basis of the Case Diary submits that the petitioner was involved in making the handmade single barrel gun with which the offence was committed and the said act was stated by all the other accused persons. He also submits that the petitioner along with the other accused persons was present when the offence was committed and the same was in furtherance of the criminal conspiracy entered between them. I have heard the learned counsels and perused the Case Diary. It is noticed in the Case Diary as is reflected from the FIR that the only incriminating circumstance against the petitioner was the statement of the co- accused persons i.e., Barhungkha Basumatary, Sadhin Narzary, Zoten and Nandalal Basumatary. However, there are no other evidence against the petitioner. In view of the same, this Court is of the opinion that the petitioner may be released on Anticipatory Bail on furnishing a bail bond of Rs. 20,000/- with two (2) local sureties of the like amount to the satisfaction of the Trial Court under the following conditions:- (1) He shall cooperate with the investigation and appear before the Court as and when he is required. Page No.# 4/4 (2) He shall not tamper with the evidence or influence the witnesses whoever is connected with the case. (3) He will not leave the jurisdiction of the Investigating Officer without the leave of the same. Petition is disposed of. JUDGE Comparing Assistant