Page No.# 1/3 GAHC010121022026 2026:GAU-AS:10679 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1309/2026 PRANAB KUTUM S/O AKBAR KUTUM, RESIDENT OF VILLAGE BHALUKAGURI, P.O. LOITMUKH, P.S. GOHPUR, DISTRICT BISWANATH, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE STANDING COUNSEL ENVIRONMENT AND FOREST DEPARTMENT. Advocate for the Petitioner : MR G PHUKAN, Advocate for the Respondent : SPECIAL PP ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 03.08.2026 Heard Ms. A. Gogoi, learned counsel appearing on behalf of Mr. G. Phukan, learned counsel for the applicant. Also heard Mr. I. Borthakur, learned standing counsel for the respondent Forest Department. 2. Apprehending arrest in connection with CIR/03 of 2025, dated 31.12.2025, under Sections 9, 39, 44 and 51 of the Wildlife (Protection) Act, 1972, this Page No.# 2/3 application under Section 482, BNSS is preferred by applicant, namely, Pranab Kutum, for grant of pre-arrest bail. 3. It is to be noted here that the aforementioned case has been registered on the basis of a complaint lodged by one Devoram Taid, Forester-I. The essence of allegation against the present applicant is that along with one Debojit Pegu, he was supposed to do a transaction of rhino horn at Gohpur and that he and one Kiran Pegu were previously involved in rhino poaching at Lakhara Chapori of Gohpur in 2019. 4. Ms. Gogoi, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR, and that the arrested person, namely, Debojit Pegu is the relative of the present applicant, who stayed in the house of the applicant prior to his arrest. She also submits that the applicant is ready to cooperate with the investigating agency, and therefore, it is contended to allow the application. 5. On the other hand, Mr. Borthakur, the learned standing counsel, Forest Department has opposed the petition. By producing the case diary before this Court, he submits that after arrest of the accused Debojit Pegu, the present applicant has been absconding and as such, his statement could not be recorded. He also submits that the applicant was earlier involved in rhino poaching in the year 2019. However, he fairly submits that nothing has been recovered from the arrested accused in this case. 6. Having heard the submissions of learned Advocates of both sides, this Court carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. Borthakur, learned standing counsel, Forest Department. Page No.# 3/3 7. In view of the materials collected so far in the case diary, and also in view of the nature of accusation, and further considering the fact that nothing has been recovered from the possession of the arrested accused, Debojit Pegu, this Court is of the view that custodial interrogation of the applicant seems to be not warranted here in this case, in the interest of investigation, and therefore, this Court is inclined to allow the application. 8. Accordingly, it is provided that in the event of arrest of the applicant in connection with CIR/03 of 2025, dated 31.12.2025, under Sections 9, 39, 44 and 51 of the Wildlife (Protection) Act, 1972, he shall be released on pre-arrest bail on executing a bond of Rs. 10,000/- with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions: (i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required; (ii) The applicant 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; and (iii) The applicant shall not leave the jurisdiction of the learned Sub-Divisional Judicial Magistrate, Gohpur, Biswanath without prior permission. 9. In terms of above, this application stands disposed of. 10. Case diary be returned. JUDGE Comparing Assistant