Page No.# 1/4 GAHC010113352026 2026:GAU-AS:9258 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1220/2026 AUSAF AHMED ALIAS ASHRAF AHMED S/O MURTUZA AHMED, R/O BALIJAN, PO AND PS BOKAKHAT, DIST GOLAGHAT, ASSAM, PIN 785612 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD PUBLIC PROSECUTOR, GOVT OF ASSAM Advocate for the Petitioner : MR D J BORO, MS. L GOGOI,C SAIKIA,M. K. BORAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.06.2026 Heard Mr. D.J. Boro, the learned counsel for the petitioner. Also heard Ms. A. Begum, the learned Additional Public Prosecutor for the respondent State. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting anticipatory bail to the petitioner, namely, Ausaf Ahmed @ Ashraf Ahmed in connection with Bokakhat Police Station Case No. 85/2026 under Sections 310(2)/310(6) of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 18.05.2026 by one Durga Kutum, alleging that he is the legal owner and custodian of the elephant and the same has been handed over to him vide an office order in Offence No. D/18/2025-2026 dated 23.06.2025, which was seized by the Forest Department in connection with a forest case. It was alleged that while he was taking his elephant back home, about 10-12 persons forcibly stopped them and after threatening them, they have taken the elephant. They have forcibly taken the possession of the elephant. It was alleged that the petitioner, namely, Ausaf Ahmed @ Ashraf Ahmed, had refused to hand over the elephant whenever the informant tried to get back the elephant from him. Page No.# 3/4 4. Mr. Boro, the learned counsel appearing for the petitioner submits that in fact the elephant was handed over by the informant himself to the petitioner by way of an agreement as the informant had become old and he was unable to maintain the elephant himself and therefore, as a caretaker the petitioner has been engaged by him and there are several documents to that effect, which have already been annexed to the instant application. He has referred to an affidavit dated 28.05.2025 marked as Annexure-2, another affidavit marked as Anneuxre-3 and another Declaration Agreement dated 16.05.2026, marked as Annexure-5, to support his submission that, in fact, that the petitioner had been authorized by the informant himself for taking care of the elephant. 5. The learned Additional Public Prosecutor has submitted that the case diary reveals that the petitioner had forcefully taken away the elephant from the complainant, who had been given zimma of the elephant. 6. I have also scrutinized the case diary. 7. Investigation has progressed to a considerable extent. 8. It appears that custodial interrogation of the petitioner may not be required. 9. The petitioner has appeared before the I.O and he has cooperated with the investigation. Thereby, without getting into the merits of the case, the interim order dated 08.06.2026 is made absolute under the condition that the petitioner shall cooperate with the remaining part of the investigation. 10. Send back the case diary. Page No.# 4/4 11. Accordingly, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant