Page No.# 1/4 GAHC010243162025 2025:GAU-AS:15564 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3595/2025 SRI KIRAN PEGU S/O- LATE JUGAL PEGU RESIDENT OF UKHAL CHUK, P.O.- GARAMUR, P.S- GARAMUR, DIST-MAJULI, ASSAM, PIN-785104 VERSUS THE STATE OF ASSAM REPRESENTED BY ITS PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 18.11.2025 1. Heard Mr. L. Gogoi, learned counsel for the accused appellant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State. 2. This application has been filed under Section 483 of the BNSS, 2023 for granting bail to the accused appellant in connection with Gohpur P.S. Case No. Page No.# 2/4 105/2025 under Sections 61(2)(a)/329(3) of the BNS, 2023 read with Section 25(1-A) of the Arms Act, 1959. 3. An FIR was lodged by one, WSI(P), Kabyashree Borah of Gohpur P.S. that on 16.11.2025, alleging that on the basis of a secret information, one, Mr. Manoj Pathari of Balichapori was apprehended on suspicion of his involvement with a gang of rhino poachers. During the interrogation, the aforesaid Manoj Pathari revealed that three persons visited his place on the night of 28th May, 2025, carrying a sealed packed bag and requested him to keep the same safely for one night, for which, they will pay him an amount of Rs. 10 lacs. 4. It was also alleged that the aforesaid three persons including the accused applicant intimated him that the bag would be taken away by them in the morning. However, when the three persons did not turn up in the next morning, the aforesaid Manoj Pathari came to know that the bag contained a firearm with ammunition and the same was supposed to be used for rhino poaching. It was also alleged that fearing the detection, the aforesaid, Manoj Pathari contacted one, Muhi Pegu and asked him to take back the bag or else the same would be disposed of in the river. Accordingly, the aforesaid Manoj Pathari transported and handed over the aforesaid bag to one Debojit Pegu as directed by Muhi Pegu. 5. It was alleged in the FIR that on the basis of such information, the police team searched the house of Debojit Pegu and recovered 09 Nos. of 12 bore live ammunition and 02 Nos. suspected Deer horn from the house of Debojit Pegu. On the basis of such FIR, the police registered the Gohpur police station case no. 105/2025 under the aforementioned sections. 6. The learned counsel for the accused applicant submits that the applicant is a school teacher and he is not involved in any such rhino poaching. He submits Page No.# 3/4 that no ammunition was, infact, recovered from his house and the FIR also does not disclose any offence of commission of rhino poaching by him. He submits that he was arrested on 16.10.2025 and has already spent more than 30 days inside the jail and police has already been investigating the matter by recording the statements of the accused persons as well as other witnesses. 7. In view of the aforesaid, he submits that taking into account his detention in jail as well as the progress of investigation, further custodial detention in the instant case may not be required. Therefore, he submits that the accused applicant should be granted bail by this Court. 8. On the other hand, learned Additional Public Prosecutor submits that the investigation is still on and there are sufficient materials, prima facie, showing the involvement of the accused applicant in the offences as described in the FIR. He further submits that the offences involved an organized crime of rhino poaching and the investigation is yet to be completed, and therefore, he prays that the instant bail application should not be considered at this stage. 9. This court has gone through the Case Diary which is submitted by the learned Additional Public Prosecutor before this Court as well as materials brought on record. 10. The Case Diary as well as the materials brought on records reveals serious allegations against the accused applicant and his involvement in the alleged offence as narrated in the FIR. Taking into account the offence wherein an organized gang is operating using illegal arms and ammunition and killing endangered species of the State of Assam, this Court is of the opinion that the instant case does not merit bail at this stage. 11. In view of the aforesaid, this pre-arrest bail application is disposed of as Page No.# 4/4 rejected. JUDGE Comparing Assistant