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2025 DAILYLAW 26792 (GAU)

ANANDA RAM DEKA ALIAS ANANDA RAM DEKA v. THE STATE OF ASSAM

Bail Appln./3404/2025 · 2025-10-30

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010232112025 2025:GAU-AS:14719 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3404/2025 ANANDA RAM DEKA ALIAS ANANDA RAM DEKA S/O LT PRAN KRISHNA DEKA R/O JYOTI PATH ANANDA NAGAR BHETAPARA PO HATIGAON PS HATIGAON GUWAHATI 29 KAMRUP METRO VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. B K MAHAJAN, MR. A CHAUDHURY,MR. P K DAS,MR. N MAHAJAN,MR P P MEDHI,MR. D BORA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R 31.10.2025 Heard Mr. B.K. Mahajan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Special Public Prosecutor appearing for the Wildlife. Page No.# 2/3 2. This application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Anandaram Deka @ Ananda Ram Deka, has prayed for bail in connection with Offence No. KNPR/02 of 2025-26 dated 27.09.2025 under Section 51 of Wildlife (Protection) Act, 1972 for violation of Section 39(3)/39(1)(b)/9/40(2)/48(A) and 2(1, 2, 11, 14, 16, 20,31,32, 36, 37) of Wildlife (Protection) Act, 1972. 3. The gist of the allegations is about recovery of skins of Royal Bengal Tiger; 4(four) numbers of canines; 12 (twelve) nos. of teeth and 8(eight) nos. of suspected deer skin of unidentified deer species from the residence of the accused and it is alleged that all these articles belong to prohibited categories of the Wildlife Protection Act, 1972 finding their place at Schedule 1 and 2 thereof thereby constituting forest offences. 4. The learned counsel for the petitioner has submitted that he has already spent 36 days in detention after his arrest and that production of the accused after his arrest before the concerned Magistrate also exceeded the stipulated period of 24 hours, thereby vitiating his continued detention. 5. The learned Special Public Prosecutor for the Wildlife submits the offence report and submits that it is not disputed that the alleged prohibited wildlife articles have already been seized. It is submitted by the learned prosecution that the statement of the accused has also been recorded. The learned Special P.P. has opposed the prayer of bail of the petitioner. 6. In the given facts and circumstances, I am of the considered view that perhaps the further under trial detention of the accused may not be necessary at this stage. In such view of the matter, the accused person is allowed to go bail of Rs. of Rs. 30,000/- with one surety of like amount to the satisfaction of the concerned learned Court and subject to the following conditions that:- (i) That the accused person shall co-operate with the remaining part of the Page No.# 3/3 investigation; (ii) That the accused shall not hamper or tamper with evidence. (iii) That the accused shall not commit any illegal activities. 7. This bail application stands allowed and disposed of. 8. Send back the case diary. JUDGE Comparing Assistant