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2025 DAILYLAW 24486 (GAU)

RAJESH BAID AND 2 ORS v. THE STATE OF ASSAM

Bail Appln./3648/2025 · 2025-11-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010249832025 2025:GAU-AS:15492 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3648/2025 RAJESH BAID AND 2 ORS SON OF LATE BANARASH BAID RESIDENT OF VILLAGE KAMAKHYAGURI PO KAMAKHYAGURI DISTRICT ALIPUR DUWAR STATE WEST BENGAL 2: GOBINDA CHOUDHURY SON OF LATE SHAHARBA CHOUDHURY RESIDENT OF VILLAGE BRINDABAN PS KAWAIYA THANA DISTRICT LAKHISARAI STATE- BIHAR 3: SUNIL BAID SON OF LATE BIRON BAID RESIDENT OF VILLAGE KAMAKHYAGURI PO KAMAKHYAGURI DISTRICT ALIPUR DUWAR STATE-WEST BENGA VERSUS THE STATE OF ASSAM REPRESENTED BY THE SPECIAL PP, ASSAM Advocate for the Petitioner : MR. M BISWAS, J SINGPHO,A GHOSAL,A SAIKIA Advocate for the Respondent : SPECIAL PP ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.11.2025 1. Heard Mr. M. Biswas, learned counsel for the petitioners. Also heard Mr. Bankim Sharma, learned Special Public Prosecutor for the Wild Life Department. 2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special Wild Life Protection Act Case No.04/2025 registered under Section 2(16)/9/51/39(A), (B)/75 of the Wildlife (Protection) Act, Page No.# 2/2 1972. 3. The petitioners are alleged to have found with 15 Bats. 4. The bail application of the petitioners is objected to by the learned Special Public Prosecutor on the ground that Bats are endangered wild animals and number of Bats allegedly killed by the petitioners is high. 5. Learned counsel for the petitioners has submitted that the petitioners have already spent 45 days in judicial custody and further detention of the petitioners is not required under the given circumstances. 6. I have considered the submissions made by learned counsel for both sides. 7. This Court is of the opinion that further detention of the petitioners is not necessary in the instant case and, therefore, the bail application of the petitioners is allowed. 8. The petitioners, (1). Rajesh Baid, (2). Gobinda Choudhury & (3). Sunil Baid, who were arrested in connection with Special Wild Life Protection Act Case No.04/2025 shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo, Kamrup. 9. With the aforesaid direction, this bail application of the petitioner stands disposed of. JUDGE Comparing Assistant