Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010014412025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./176/2025 MAHAVEER PRASAD MEGHWAL R/O 53 DR. VINOY KUMAR TAMULI PATH, GOTANAGAR, MALIGAON,PIN- 781011 PS JALUKBARI ,KAMRUP (M),ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY SPECIAL PP, FOREST DEPARTMENT, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA Advocate for the Respondent : SPECIAL PP ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 30 .01. 2025 Heard Ms. S.G. Baruah, learned counsel for the petitioner and Mr. Bankim Sarmah, learned Special PP, representing the State Forest Department, Assam. This is an application under Section 483 BNSS, 2023, seeking bail by the petitioner namely Mahaveer Prasad Meghwal in connection with Guwahati Range Office Offence No. G/54 of 2024-25 dated 17.01.2025 under Section 24/ 25/ 49/ 60 of Assam Forest Regulation Act, 1891. Page No.# 2/3 Case diary is produced and perused. The learned counsel for the petitioner has submitted that the petitioner is a teacher by profession and he is in no way involved with offence as alleged in the FIR and he has been detained in custody for last 13 days since the date of his arrest on 17.01.2025. The petitioner has received Rastrepathi scout award and he has no criminal antecedent. It is further submitted that the allegation made against the petitioner is that he installed two saffron colour flags on the land of forest with an intention to construct temporary temple by mere encroaching land of Gotanagar Reserve Forest. But the petitioner has no intention to encroach the forest land. He only wanted to continue the prayer of “Akhanda Ramayana Path” on the occasion of “Makar Sankranti” i.e. on 15.01.2025. Under such backdrop, petitioner may be enlarged on bail. The learned Standing counsel, Forest Department has produced the case diary and submitted that considering allegations made in this case, the petitioner may be enlarged on bail. In view of the above and considering the matter in its entirety, the prayer for bail is allowed. Accordingly, it is directed that the accused/ petitioner shall be released on bail on furnishing a bond of Rs.,20,000/- (Rupees twenty thousand) with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati in connection with the aforementioned case.
The direction for bail is further subject to the conditions that the accused-petitioner: (1) shall not leave the territorial jurisdiction of the learned Chief Judicial Magistrate, Kamrup (Metro) without prior written permission from him/ her. (2) shall not hamper with the investigation and tamper with the evidence of the case; and (3) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Page No.# 3/3 In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant