Page No.# 1/3 GAHC010007222025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/139/2025 BASHID RAHMAN AND ANR S/O ATABUDDIN VILL-SALBARI PT.I P.S. LAKHIPUR DIST. GOALPARA, ASSAM 2: ASHRAFUL HOQUE S/O ABDULMOTLEB SHEIKH VILL SALBARI PT.I P.S. LAKHIPUR DIST. GOALPARA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY SC, FOREST. Advocate for the Petitioner : MR. N UDDIN, MS. A AKHTAR,MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : SPECIAL PP ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 14.02.2025 1. Heard Mr. N. Uddin, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Page No.# 2/3 Additional Public Prosecutor. 2. This application under Section 482 of the BNSS, 2023 has been filed by the petitioners namely, 1. Bashid Rahman 2. Ashraful Hoque, who are apprehending their arrest in connection with Memo No.LK/FRO(T)/6/OR/24/403 under Sections 34/35/40/41/49(1)(2)/60(i) of Assam Forest Regulation. 3. The gist of accusation in this case is that on 30.10.2024, one Dhan Ch. Doloi, Fr-I (I/O) of Lakhipur Forest Range lodged a complaint before Sri D. Dutta, AFS, FR, Lakhipur inter alia, alleging that on 29.10.2024 at about 6.30 a.m., three accused persons, namely Sofikul Islam, Bodoruddin and Saidul Zaman were apprehended while they were found in carrying 31 pieces of illegal teak logs at pirbari area. 4. Learned counsel for the petitioners has submitted that the petitioners are not named in the FIR. However, the Forest Officials are searching them in connection with this case. He also submits that the petitioner No.1 is a witness in a case filed by one Ajgor Ali, which was registered as C.R. Case No.554/2023, wherein, the Forest Ranger of Lakhipur Range namely, Dhurba Dutta is named as accused No.1. It is also submitted by the learned counsel for the petitioner that the petitioner purchased some timbers in an auction and at the time of lifting the said timbers, seven pieces of teak logs were found missing and he filed a complaint in that regard. 5. Learned counsel for the petitioner has submitted that as the petitioner has filed a complaint against the Forest Department as well as he is one of the witness in the complaint case, where Forest Range Officer is shown as an accused, the petitioner No.1 has been implicated only out of grudge. 6. Learned counsel for the petitioner has also submitted that the petitioner is ready to cooperate in the investigation. 7. On the other hand, Mr. B. Sarma, learned Special Public Prosecutor, Wildlife, has vehemently oppose the grant of anticipatory bail to the petitioner at this stage. He has produced the case diary and submits that there are incriminating materials against the petitioners and it is on the instruction of the petitioner No.1 only, the apprehended accused person were carrying out the teak logs from the reserve forest. He also submits that since the investigation is at initial stage, granting anticipatory bail to the accused petitioners would hamper the investigation. 7. I have considered the submissions made by the learned counsel for the petitioner and also gone though the materials available on record. 8. Learned counsel for the petitioner has submitted that this case has been filed out of grudge by Page No.# 3/3 Dhruba Dutta as the petitioner No.1 is one of the witness in a criminal case pending against him. However, it appears that in the FIR filed by Dhruba Dutta, the names of the present petitioners were not reflected. It is also pertinent to mention that though the FIR was lodged on 30.10.2024 even after a lapse of considerable period of time, apart from the statement of co-accused, no other material has been collected by the Investigating Officer, which incriminates the present petitioner. 9. Under such circumstance, this Court is inclined to give the benefit of the provision under Section 482 of BNSS to the present petitioners. 10. Accordingly, the above named petitioners are directed to appear before the Investigating Officer of the case within a period of 7 (seven) days from the date of this order and cooperate in the investigation. If they do so within the stipulated period of time, in the event of their arrest in connection with the aforesaid case, they shall be allowed to go on anticipatory bail of Rs.30,000/- (Rupees thirty thousand only) each with one surety of the like amount to the satisfaction of the Arresting Authority with the following conditions:- (i) the petitioners shall appear before the I/O within 7 (seven) days from the date of this order and cooperate in the investigation; (ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 11. Return back the case diary. 12. With the above observation, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant