Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3401/2024 SRI KUKHESWAR BORO S/O PUNARAM BORO RESIDENTOF CHOTIANA PATHAR GAON, PS BOGIJAN, DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.03.2025
Heard Mr.K. Boruah, the learned counsel appearing for the petitioner as well as Mr. D P Goswami, the learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of Bogijan PS Case No. 10/2024.
3. On 14.09.2024, forest officials discovered that some people were cutting forest wood inside the forest with automated machines. The forest officials fired their guns in the air. The
Page No.# 2/2 miscreants tried to attack the forest officials with sharp weapons. For that reason, one round was fired at the miscreants but the miscreants managed to escape.
4. The learned counsel for the petitioner submits that his residence is very near to the place of occurrence and therefore, police suspected that he was involved in the said offence.
5. I have considered the submissions made by the learned counsel of both sides.
6. The case diary has no incriminating materials against the present petitioner.
7. Therefore, this Court is of the opinion that the petitioner does not deserve to be detained in custody. Therefore, his bail application is allowed.
8. It is hereby directed that in the event of arrest in connection with Bogijan PS Case No. 10/2024, the petitioner Kukheswar Boro shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority.
9. The petitioner shall appear before Investigating Officer as and when called for. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned.
JUDGE Comparing Assistant