Page No.# 1/3 GAHC010009232025 2025:GAU-AS:4809 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/226/2025 ATUL MIRDHA AND ANR S/O SRI MOHAN MIRDHA R/O VILL-THANDA PANI NAHARJAN P.O. BIHMARI,P.S.BEHALI DIST.BISWANATH, ASSAM 2: BIREN MIRDHA S/O SRI MOHAN MIRDHA R/OVILL-THANDA PANI NAHARJAN P.O. BIHMARI P.S. BEHALI DIST.BISWANATH ASSA VERSUS THE STATE OF ASSAM AND 2 ORS REP BY THE PP, ASSAM 2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAWAN PANJABARI GUWAHATI ASSAM 3:THE RANGE FOREST OFFICER BORGANG RANGE BISWANATH 3:THE RANGE FOREST OFFICER BORGANG RANGE BORGANG DIST. BISWANATH Page No.# 2/3 ASSA Advocate for the Petitioner : MR SAURADEEP DEY, MS N DEKA Advocate for the Respondent : PP, ASSAM, SPL PP WILDLIFE FOREST ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 22.04.2025 Heard Mr. S. Dey, learned counsel for the petitioners. Also heard Mr. I. Borthakur, learned Special Public Prosecutor, Wildlife Forest, for the State respondent. This is an application under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused/petitioners, who are apprehending arrest in connection with Case No. BG/35/WL of 2024-25, dated 09.11.2024, registered under Sections 27 & 29 of the Wildlife Protection Act, 1972. Case Diary has been received and I have perused the same. It is submitted by Mr. Dey, learned counsel for the petitioners, that after obtaining the order of interim pre-arrest bail, the present accused/petitioners had already appeared before the I.O. and their statements were also been recorded by the I.O. He further submitted that the present petitioners are still ready to co-operate the I.O. in further investigation of this case if their interim pre-arrest bail, granted by this Court vide order dated 10.02.2025, is made absolute. Mr. Borthakur, learned Special Public Prosecutor, Wildlife Forest, submitted this regard that pursuant to order dated 10.02.2025, the present accused/petitioners have Page No.# 3/3 already appeared before the I.O. and co-operated in the investigation of this case. However, they co-operation may be required in further investigation of this case and accordingly, he insisted to direct the petitioners for their co-operation. Considering the submissions made by the learned counsels of both sides, stage of investigation, materials in the Case Diary as well as the conduct of the accused/petitioners, who have already appeared before the I.O. and co-operated in the investigation of the case, I find that the custodial interrogations of the present accused/petitioners are not necessary in this case and hence, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioners. Accordingly, the interim pre-arrest bail, granted to the accused/petitioners vide order dated 10.02.2025, is hereby made absolute with a direction to the petitioners that they shall fully co-operate with the I.O. in the investigation of the case and shall appear before the I.O. as and when required in connection with the investigation of the aforesaid P.S. Case. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant