Md Nur Mahammad and Anr v. The State of Assam

PageoNo.#o1/3 GAHC010257582024 ooooooo 2024:GAU-AS:12993 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3711/2024o MDoNURoMAHAMMADoANDoANR.o S/OoLATEoJOYNALoABEDINo R/OoVILL-oNO.o2oJORABARIo P.S.oGINGIAo DIST.oBISWANATH,oASSAM 2:oMDoNURoHUSSAIN oS/OoMD.oABBASHoALIo R/OoBALIPUKHURIo P.S.oGINGIAo DIST.oBISWANATH oASSAo VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoAoALI,oMS.oMoKHATUNo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

19/12/2024 Heard Mr. A Ali, learned counsel for the petitioners and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State respondent.

¶2This application under Section 483 of BNSS, 2023 has been filed by the petitioners, namely,

(1) Md. Nur Mahammad, son of Late Joynal Abedin, resident of Village-No. 2 Jorabrari, P.S. Gingia, and (2) Md. Nur Hussain, son of Md. Abbash Ali, resident of Balipukhuri, P.S. Gingia, seeking bail in Sootea P.S. Case No. 94/2024 registered under Sections 61(2)(a)/111(3)/329(3) of BNS, 2023 read with Section 25(1A) Arms Act, 1959 corresponding to G.R. No. 467/2024, wherein they were arrested on 31.10.2024 and are in custody since then.

¶3Considering their detention since 31.10.2024 and as police have already seized the relevant items, the petitioners by this application have prayed for their bail in said Sootea P.S. Case No. 94/2024.

¶4As per the FIR of the case dated 29.10.2024 lodged before the Officer-in-charge of Sootea Police Station that one accused, namely, Saiful Islam @ Ghutu along with his accomplices were trying to enter the Kaziranga National Park via river route from Biswanath side and hatching a criminal conspiracy to poach rhino and cut its horn and sell it at a higher price. Said Saiful Islam @ Ghutu developed links with a sharp shooter from Dimapur (Nagaland), whom they were planning to hire. During such process, the petitioners have been apprehended.

¶5Mr. Sarma, learned Additional Public Prosecutor, Assam placed the forwarding report of the petitioners dated 31.10.2024.

¶6Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam.

¶7From the case diary, Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that the petitioner No. 1 on several occasions had contacted with the concerned shooter of Dimapur on his mobile phone who agreed to come to Biswanath area for poaching the rhinos in the Kaziranga National Park. The petitioner No. 1 along with said Saiful Islam @ Ghutu, other accomplices and the Page No.# 3/3 petitioner No. 2 conspired to poach rhinos in the Kaziranga National Park and for that purpose, they had contacted with the hired shooter from Dimapur. Along with one of the arrested person, accomplice of the petitioners, who conspired along with them to poach the rhinos at Kaziranga National Park, arms have been recovered.

¶8Mr. Sarma, learned Additional Public Prosecutor, Assam submitted that the investigation of the case is still going on.

¶9Considering such materials in the case diary against the petitioner with regard to his involvement in the alleged crime, this Court is of the view that it is not a fit case to grant bail to the petitioners, namely, (1) Md. Nur Mahammad and (2) Md. Nur Hussain in said Sootea P.S. Case No. 94/2024.

¶10Accordingly, this bail application of the petitioners, named above, in said Sootea P.S. Case No. 94/2024 stands rejected.

¶11Return the case diary.

JUDGE Comparing Assistant