Page No.# 1/3 GAHC010269782024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3902/2024 NILA GOGOI @ NIL S/O LATE SONARAM GOGOI R/O VILL- CUTIA GAON P.S.BIHPURIA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. H S BORAH, Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 21.01.2025 Heard Mr. H.S. Borah, learned counsel for the accused and also heard Ms. N. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent. 2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita Page No.# 2/3 (BNSS), 2023, is preferred by the accused, namely, Nila Gogoi @ Nil, who has been languishing in jail hazot since 05.12.2024, in connection with Bihpuria P.S. Case No.214/2024 under Section 61(2)/318(4)/303(2)/317(2) /111(3) of the Bharatiya Nyaya Sanhita (BNS), read with Section 51(2) of the Wildlife (Projection) Act, 1972, for granting bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of one FIR lodged by S.I. Hemanta Konwar, Officer-in-Charge, Dhalpur Police Station on 05.12.2024. The essence of allegation, in the FIR dated 05.12.2024 against the present accused is that he had kept one Rhino horn in his house and accordingly, search was conducted and the Rhino horn was recovered and seized in presence of witnesses. 4. Mr. Borah, learned counsel for the accused submits that the accused was arrested on 05.12.2024 and for last 48 days he has been languishing in jail hazot and that he is innocent and no way involved with the offence alleged in the FIR and therefore, it is contended to allow the petition. 5. On the other hand, Ms. N. Das, learned Additional Public Prosecutor, Assam, has produced the case diary before this Court and submits that the horn of the rhinoceros allegedly recovered from the house of the accused as per FSL report, which is available in the case diary, is not a real rhinoceros horn, but a fake one and fabricated by using wood, bamboo as well as black and blue coloured adhesive material. 6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Ms. Das, learned Additional Public Prosecutor, Assam. 7. It appears that the materials collected so far in the case diary are inadequate to show complicity of the accused with the offence alleged in the FIR. The FSL report available in the case diary indicates that the rhinoceros horn is a fake one. The accused is languishing in jail hazot for last 48 days and his further custodial detention, in the interest of investigation seems to be not warranted here in this case and therefore, this Court is Page No.# 3/3 inclined to allow this petition. It is provided that on furnishing a bail bond of ` 50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, the accused, namely, Nila Gogoi @ Nil, shall be enlarged on bail. 8. In terms of above, this bail application stands disposed of. 9. CD be returned. Comparing Assistant Sd/- Robin Phukan JUDGE