Page No.# 1/6 GAHC010020282026 2026:GAU-AS:2413 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./306/2026 SHRI CHANDRA KAMAL BORAH AND 2 ORS. S/O SHRI BODHEN BORAH R/O VILLAGE KAMAR GAON P.S. MAJULIP.O. POTIA DISTRICT MAJULI, ASSAM, PIN- 785106 2: SHRI PARAMANANDA BORAH S/O SHRI BODHEN BORAH R/O VILLAGE KAMARGAON P.S. MAJULI P.O. POTIA DISTRICT MAJULI ASSAM PIN 785106 3: SHRI DIPEN KALITA S/O LATE PRAFULLA KALITA R/O VILLAGE KAMARGAON P.S. MAJULI P.O. POTIA DISTRICT MAJULI ASSAM PIN 78510 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, WILD LIFE AND FOREST, ASSAM Advocate for the Petitioner : MR. P D NAIR, S K SARFRAJ KARIM,MR S AHMED,MR S R A NASER,MR G ALAM Page No.# 2/6 Advocate for the Respondent : SPL PP WILDLIFE FOREST ASSAM, MR. P N GOSWAMI BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18.02.2026 1. Heard Mr. P. D. Nair, learned counsel for the accused applicants. Also heard Mr. D. Gogoi, learned Special Public Prosecutor for Wildlife. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Jengraimukh Range Offence Case No. Jeng/WL/07 of 2025-26, dated 27.01.2026, under Sections 9, 44, 50, and 52 read with Section 2(16), and punishable under Section 51 of the Wildlife (Protection) Act, 1972, as amended by the Wildlife (Protection) (Assam Amendment) Act, 2009. The case was registered by the Forest Officer, Jengraimukh Circle Range, Majuli Forest Division, corresponding to G.R. No. 14/2026, in connection with which the applicants were arrested on 27.01.2026. Prayer was made for release of the accused applicants on bail. 3. The prosecution story in brief is that one Dip Jyoti Sonowal, S.I. of Bongaon Outpost of Majuli Police Station, lodged an FIR on 26.01.2026 before the Forest Range Officer, Jengraimukh Circle Range, Majuli Forest Division, Page No.# 3/6 alleging inter alia that on the morning of 26.01.2026, information was received that migratory birds were being poisoned and killed in a paddy field located behind Kamar Gaon village. On receipt of the information, the informant, along with his staff, rushed to the place of occurrence, where many migratory birds were found in poor condition, showing signs of poisoning. Three (3) migratory birds were found dead at the spot and many others were found to be injured due to the alleged poisoning. 4. During the preliminary inquiry, it came to light that some persons had deliberately used the chemical “Fura Dhan” in the said paddy field to kill the migratory birds, with the intention of using the meat for consumption and sale. Subsequently, several carcasses of those migratory birds were found scattered in the field. Information was also received from multiple sources that some persons from Komar Gaon village had intentionally used “Fura Dhan” chemical in the paddy field behind the village in a pre-planned manner to kill the migratory birds. During the search, about seventeen (17) persons were found present near a camp-like house, from where a certain quantity of “Fura Dhan” was recovered, along with feathers of the migratory birds. 5. It was alleged that the persons were engaged in the illegal killing of the “Greylag Goose,” a migratory bird, for their meat consumption and for Page No.# 4/6 financial gain. The acts of the accused persons amounted to serious offences under the provisions of the Wildlife (Protection) Act, 1972, attracting several penal provisions. All the aforesaid Seventeen (17) persons were arrested on the same date. 6. After receipt of the FIR, Jengraimukh Range Offence Case No. Jeng/WL/07 of 2025-26 was registered under Sections 9, 44, 50, and 52 read with Section 2(16), and punishable under Section 51 of the Wildlife (Protection) Act, 1972, as amended by the Wildlife (Protection) (Assam Amendment) Act, 2009, corresponding to G.R. No. 14/2026. 7. Mr. P. D. Nair, learned counsel appearing for the accused applicants, submits that the accused applicants were not involved in any killing of the aforesaid migratory birds. He submits that the chemical “Fura Dhan,” which was alleged to have been used to kill the migratory birds, is in fact, a common pesticide used in various cultivations, such as vegetables and paddy. While the chemical is of a poisonous nature, it is commonly used in agriculture. He also submits that the accused applicants had no connection with any cultivation in the village; they are residents of the same village, and when the police conducted the enquiry, the accused applicants were called to the spot. Upon visiting the spot, they were arrested by the police and have been in custody Page No.# 5/6 for the last 23 days. He submits that it is apparent that there is no involvement of the accused applicants in the offence of killing the migratory birds and therefore, this Court should grant them bail at this stage. 8. Mr. D. Gogoi, learned Special Public Prosecutor, has submitted that, considering the length of detention of the accused applicants, this Court may pass such order as it deems fit. 9. After considering the submissions made by the learned counsel appearing for the respective parties, and on the basis of the materials brought on record by way of this application, this Court is of the considered opinion that the accused applicants should be released on bail at this stage. Accordingly, it is directed that the accused applicants shall be released forthwith on furnishing of bail bond of Rs. 20,000/- each, with a surety of the like amount, to the satisfaction of the Chief Judicial Magistrate, Majuli, subject to the following conditions: i. That the accused applicants shall co-operate with the investigation and make themselves available as and when called for. ii. That the accused applicants shall not try to influence any of the witnesses in the instant case in Page No.# 6/6 whatsoever manner. 10. In view of the aforesaid directions, the instant bail application is allowed and disposed of. JUDGE Comparing Assistant