Page No.# 1/4 GAHC010165682025 2025:GAU-AS:11009 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1812/2025 SEBASTEN NARZARY SON OF PITRUS NARZARY R/O VILL- NO. 1 BALAJHAR AMTEKA F.V., AMTEKA BAZAR,CHIRANG P.S. AMGURI, DIST. CHIRANG, ASSAM, PIN-783393 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 MRS. JUSTICE SHAMIMA JAHAN ORDER 19.08.2025 Heard Mr. R.B. Gohain, learned counsel for the petitioner and Mr. K.K. Das, learned Addl. Public Prosecutor for the State. This is an application by which the petitioner has prayed for pre-arrest bail in connection with Amguri P.S Case No. Page No.# 2/4 10/2025 registered under Section61(2) and 325 of the BNS, 2023 read with Section 51(1) of the Wildlife (Protection) Act, 1972 read with Section 25(1A), Section 27 and Section 35 of the Arms Act, 1959. The FIR dated 20.05.2025 lodged by the Officer-in-Charge of the Amguri Police Station reveals that information was received that a group of individuals were actively involved in organized poaching within Manas National Park. It is also informed that the individuals armed with firearms infiltrates the forest area and by remaining inside forest, hunts elephants using firearms and after killing the animals, they cut the tusk and transport the ivory to Indo-Bhutan border from where it is sold to different parties. It is also mentioned in the FIR that one Joten Narzary led to the recovery of an elephant carcass and bones in the said forest area and during the enquiry, the police found that a number of persons were involved in the said offence and the petitioner was named as one of them. Mr. R.B. Gohain, learned counsel for the petitioner submits that the petitioner was alleged to be involved in the said offence without any materials whatsoever and that only on suspicion, his name was included as an accused person in the said offence. Mr. K.K. Das, learned Addl. Public Prosecutor on perusal of the Case Diary submits that the petitioner is a named accused in the FIR and the contents in the Page No.# 3/4 Case Diary shows that he is involved in the offence. He also submits that the offence is a serious one where the tusk, skin of the animals are being cut and sold in Bhutan market and that many articles were recovered from the co-accused and in view of the conduct and antecedent of the petitioner, no bail should be granted to the petitioner. He further submits that the accused person after entering into a criminal conspiracy under Section 61(2) of the BNS has committed the offence as has been reflected in the FIR. I have gone through the materials and heard the parties at length. It is seen in the FIR that one accused named Joten Narzary led to the recovery of the dead body of the elephants as well as the bones in the forest area. However, in the contents of the same, no action on the part of the petitioner is reflected. Only the name of the petitioner is written in the list of accused person. It is nowhere reflected as to how the name of the petitioner was found out by the police officer as one of the accused in the said offence. Further, the accused Anos Narzary as well as Sujit Basumatary, who were also arrayed as accused in the said FIR were granted bail by this Court vide order dated 16.07.2025. It is also seen in the Case Diary, at present nothing has been recovered from the possession of the present petitioner. Only strong suspicion remains in connection with the present petitioner to have involved himself in the offence in question. Under the circumstance, this Court is of the opinion that the petitioner be Page No.# 4/4 released on pre-arrest bail in the event of his arrest on furnishing a bail bond of Rs. 50,000/- with suitable surety of like amount subject to the satisfaction of the Arresting Authority with the following conditions:- (1) The petitioner shall appear before the Investigating Officer within a period of 10 days from the date of this order and shall cooperate with the investigation. (2) The petitioner shall not directly or indirectly make inducement or promise to the informant or any other person who may be connected with the facts of the case or influence any witness connected to the case. (3) The petitioner shall not leave the jurisdiction of the Court of CJM, Chirang during the investigation as well as thereafter without the leave of the said Court. Petition is accordingly disposed of. JUDGE Comparing Assistant