Page No.# 1/4 GAHC010251452024 2025:GAU-AS:191 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3637/2024 AZAHAR ALI and 2 ORS. S/O JALAL UDDIN VILL- SIMLABARI PT.I P.O. RANGAPANI P.S. MERERCHAR DIST. BONGAIGAON, ASSAM 2: ANISUR RAHMAN S/O JALAL UDDIN VILL- SIMLABARI PT.I P.O. RANGAPANI P.S. MERERCHAR DIST. BONGAIGAON ASSAM 3: ENNOS ALI S/O LATE ABDUL LATIF VILL- MOHIA P.O. CHANDMAMA P.S. KALGASIA DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP/SPECIAL PP WILD LIFE Advocate for the Petitioner : MR. A KADDUS, Advocate for the Respondent : SPL PP WILDLIFE FOREST ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 07.01.2025 Heard Mr. A. Kaddus, learned counsel for the petitioners. Also heard Mr. I. Borthakur, learned Special Public Prosecutor, Wildlife for the respondent. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot in connection with C. R. (Forest) Case No. 02/2024 under Section 9, 40 and 44 read with Sections 2(1, 5, 7A, 12A, 16, 18, 36) & 51 of the Wildlife (Protection) Act, 1972 arising out of offence Report No. ABR/67 of 2024-25 dated 15.11.2024 filed by Abhayapuri Range Officer. The Case diary has been received and I have perused the same. It is submitted by the learned counsel for the petitioners, Mr. Kaddus, that the present petitioners are snake charmers by profession and has admitted that some snakes were recovered from their possession. Apart from that, they are no way involved in the offence alleged as stated in the F.I.R. He further submitted that the petitioners are behind the custody for the last 52 days, and accordingly, considering the length of detention undergone by the accused/petitioners, they may be enlarged on bail, as the I.O. got sufficient time for their custodial interrogation. It is also submitted that vide order dated 18.11.2024, the earlier bail application of the petitioners were rejected by the learned Trial Court, but the instant bail application is filed solely on the ground of the length of Page No.# 3/4 detention. On the other hand, Mr. Borthakur, learned Special Public Prosecutor, has submitted that there is incriminating materials available against the accused/petitioners, and some endangered species of snakes have been recovered from their possession. He further submits that, to date, the I.O. has not yet submitted the Final Offence Report, and thus, at this stage, he raises objections to allowing the accused/petitioners to be released on bail. Considering the submissions of learned counsels for both sides and also without going into the merit of the case and further considering the length of detention already undergone by the accused/petitioners, i.e. 52 days, I am of the view that the I.O. has got ample opportunity to interrogate the accused/petitioners in the custody and accordingly, further custodial interrogation of the accused/petitioners seems to be not necessary here in this case. Accordingly, it is provided that on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only each with one surety of like amount to the satisfaction of the learned SDJM (M), North Salmara Abhayapuri, the accused/petitioners, namely, 1. Azahar Ali, 2. Anisur Rahman and 3. Ennos Ali , be enlarged on bail, subject to the following conditions: (i) that the petitioners shall make themselves available for interrogation by the Investigating Officer as and when required; (ii) that the petitioners 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 them from disclosing such facts Page No.# 4/4 to the Court or to any police officer; and (iii) that the petitioners shall not leave the jurisdiction of the learned SDJM (M), North Salmara Abhayapuri, without prior permission. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant