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2025 DAILYLAW 26312 (GAU)

JAMIR UDDIN v. WILD LIFE PROTECTION OF ASSAM

Bail Appln./3656/2025 · 2025-11-24

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010248822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3656/2025 JAMIR UDDIN S/O MASHER ALI ALIAS MOKSED ALI, R/O VILLAGE-PARUWA, P.O- CHIRIAGURI, P.S-FAKIRGANJ, DIST- DHUBRI, ASSAM. VERSUS WILD LIFE PROTECTION OF ASSAM REPRESENTED BY SPECIAL PP WILD LIFE PROTECTION Advocate for the Petitioner : MD A ALI, Advocate for the Respondent : SPL PP WILDLIFE FOREST ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25.11.2025 Heard Md. A. Ali, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Standing counsel, Wildlife Forest, Assam. 2. This application has been filed under section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraskha Sanhita, 2023, whereby the accused petitioner namely, Jamir Uddin, has prayed for bail in connection with C.R. Case No. 767/2025 (Ref. OR No. HQ/01 of 2025) under Section 9/39/49B & 51 of Wild Life (Protection) Act, 1972. 3. The petitioner is stated to have been detained in custody since 26.09.2025. 4. The facts in a nutshell is that based on a reliable source of information, operation was carried out by the forest officials and the present petitioner found having a jute bag containing a live Chinese Pangolin which is stated to be a prohibited wildlife vide Schedule 1 Part A Serial No. 114 of the Wildlife Act, 1972. 5. The learned counsel for the petitioner submits that he has already been spent 60 days in under trial detention and he shall abide by any conditions and undertakes on behalf of the petitioner that he shall not misused the liberty to commit any illegal activity. 6. The learned Standing counsel, Wildlife Forest opposing the bail, submits that the investigation is in progress and the investigation is looking into the other network that might be connected into the wild life offences and transaction pertaining to such wild life offences. He has also drawn attention to the Assam Amendment to Section 51, whereby the sentence has been increased to ten years, along with fine amount. 7. Nevertheless, in the present situation, the Proviso 1 to Section 51 is likely to be applicable and the applicable statutory period at the moment would be 60 days. Page No.# 3/3 8. In the given facts and circumstances, I am of the considered view that the accused needs to be allowed to go on bail, also considering the undertaking on behalf of the accused, subject to conditions. 9. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with C.R. Case No. 767/2025 (Ref. OR No. HQ/01 of 2025) under Section 9/39/49B & 51 of Wild Life (Protection) Act, 1972, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount to the satisfaction of learned concerned court. 10. The direction for bail is subject to the following conditions that the petitioner: (a) shall render cooperation with the remaining investigation; (b) shall not hamper or tamper with evidence; (c) shall not try to influence any witnesses; (d) shall be available for trial, if one commences; and (e) shall not indulge in any illegal activity prohibited under the Forest and Wildlife Laws. 11. Violation or breach of any condition(s) shall entail cancellation of bail. 12. With the above observations, this bail petition stands allowed and disposed of accordingly. 13. Send back the case dairy. JUDGE Comparing Assistant