Page No.# 1/3 GAHC010257432025 2025:GAU-AS:16828 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3764/2025 SRI MITU BORAH AND ANR SON OF- LATE PROFULLA BORAH, VILL- BORDUB, P.O.-BORDUB, P.S.- GOHPUR, DIST.-- BISWANATH, PIN-784178, ASSAM, CONTACT NO.6002806711. 2: SRI SHOKTI BARUAH SON OF- RAMCHANDRA BARUAH VILL- DUBIA 2NO. KAMARKATA PO- DUBIA PS- GOHPUR DISTRICT-BISWANATH PINCODE-784178 ASSAM CONTACT NO.8463563278 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, DEPARTMENT OF FOREST, GOVT. OF ASSAM. Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : SC, FOREST, Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 05.12.2025 Heard Mr. P. Neog, learned counsel for the petitioners. Also heard Mr. I. Borthakur, learned Special Public Prosecutor for the Wildlife. 2. This application under Section 483 of BNSS, 2023 has been filed by the accused petitioners, namely, Mitu Borah and Shokti Baruah, praying for grant of bail in connection with Offence No.GPR/WL/03 of 2025-26, dated 15.10.2025, registered under Sections 9, 48A, 48B, 51 and 52 of Wildlife Protection Act, 1972. The accused persons were arrested on 15.10.2025. The allegation is about the haunting and killing of prohibited turtles. 3. Mr. P. Neog, learned counsel for the petitioner drawing attention to certified copies of the notices under 47/48 PNS contends that the same are deficient and do not meet the stipulated standards. Both the notices mentioned hunting and cutting of turtles in the column pertaining to grounds of arrest. 4. It is also contended that the notice under Section 47 does bear the signature of the accused and the one under Section 48 does not indicate as to whom was furnished. 5. I find that though the contents of the notices do not have much details but it is also not a case of the notices been bereft of any grounds of arrest. It is submitted by the learned Special P.P. that the final offense report is not yet submitted. Page No.# 3/3 6. Considering the progress of investigation, the seizure of the seizure of the prohibited wildlife and the length of detention (52) days – both the accused persons are hereby allowed to go on bail of Rs. 25,000/- each with one surety of like amount each to the satisfaction of the learned concerned Court and subject to the following conditions that:- (i) That the accused persons shall co-operate with the remaining investigation, (ii) That the accused persons shall not hamper or tamper with evidence. (iii) That the accused persons shall not misuse their liberty to commit any illegal activities, including any activities prohibited by the Wildlife and Forest laws. 7. In case of violation of any bail conditions, the prosecution shall be at liberty to move a suitable application for cancellation of the bail application of the petitioners. 8. This bail application stands allowed and disposed of. 9. Send back the case diary. JUDGE Comparing Assistant