Page No.# 1/3 GAHC010254522025 2025:GAU-AS:16409 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2753/2025 SAIFUL ISLAM ALIAS SAIFUL ISLAM MANDAL SON OF MOYNUL ISLAM MANDAL, R/O- VILL- UJANPETLA PART-1, P.S.- GOPALGANJ, DISTRICT-DHUBRI, ASSAM, PIN CODE-783332 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S C DAS, B SARKAR,D R BONGSHIARY,P BURAGOHAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 01.12.2025 Heard Mr. S. C. Das, learned counsel appearing on behalf of the accused- applicant. Also heard Mr. K. K. Parasar, learned Addl. Public Prosecutor, representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Kazigaon P.S. Case Page No.# 2/3 No. 60/2025, registered under Sections 61(1)(b)/132/303(2)/351(3) of the Assam Forest Regulation Act, 1891. 3. The gist of the case as has been narrated in the FIR dated 05.09.2025 is that, the informant, In-charge of Rupshi Outpost under Kazigaon Police Station had lodged an FIR alleging inter alia, that on 04.09.2025, at about 9.30 PM, he along with other staff went to Tumbagan Ghat and found unloading of illegal Shall timbers on Tractor and one tractor with Shall timbers was parked near the river next to the forest area. It was alleged that when they tried to apprehend them, the accused persons created hue and cry situation and they were carrying Dao, Khukuri with them. In spite of their pursuit, the culprits along with tractor vehicles fled away from the scene by taking the advantage of darkness, forest and river, abandoning the Shall timber logs, one Hero Honda Motor cycles etc at the place of occurrence. The police tried to apprehend the accused- applicant, Saiful Islam but, he assaulted C/N Dinesh Ch. Modak and fled away the spot. 4. After receipt of the FIR, the Police registered Kazigaon P.S. Case No. 60/2025, under the aforementioned sections. 5. Mr. S. C. Das, the learned counsel appearing for the accused-applicant submits that he is no way linked in the aforesaid alleged assault on the police as well as the alleged offence of felling of Shall tress. The learned counsel submits that it was dark that night and the accused-applicant was, in fact, named in the FIR on the basis of suspicion. The learned counsel submits that since the accused-applicant is named in the FIR, he is apprehending arrest and therefore, filed the instant pre-arrest bail application. 6. On the other hand, Mr. K. K. Parasar, learned Addl. P.P., submits that there are sufficient incriminating materials against the accused-applicant and the offence committed is of serious nature. The learned counsel submits that, in fact, the accused- applicant had assaulted the Police team, who went to the place of occurrence therefore, he strongly, opposes granting of bail to the accused-applicant at this stage. Page No.# 3/3 7. Looking into the allegations made in the FIR as well as the submissions made by the learned counsel for the respective parties, this Court is of the opinion that this is not a fit case wherein, the accused-applicant can be granted the privilege of pre-arrest bail. 8. Accordingly, the instant pre-arrest bail application is disposed of as rejected. JUDGE Comparing Assistant