Aiman A K Madakia v. The State of Assam

ORDER

05.04.2023 Heard Mr. D. Borah, learned counsel appearing for the accused petitioner as well as Mr. A. Hasan, learned counsel appearing on behalf of Mr. D. Gogoi, learned Standing Counsel, Forest. Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Aiman A.K. Madakia has prayed for grant of bail in connection with Offence No. G83/2023 under Section 51 of the Wildlife (Protection) Act, 1972. The scanned copy of the case record is received. The case relates to recovery and seizure of 2(two) numbers of pup foxes from the possession of the accused petitioner. Perusal of the case record shows prima facie incriminating material against the accused petitioner. The seized animal is stated to be a protected Tibetan Fox which falls under Schedule-I, Sl. No. 36-B of the Act. There is no evidence that it is the accused petitioner's commission of second offence under the Act. It is noticed that the accused petitioner has been in judicial custody since

02.02.2023, that is, for 63 days. Considering the nature of allegation made in the FIR more particularly as the length of detention, this Court is of the opinion that further continuation of detention of the accused petitioner may not be required in the interest of the ongoing investigation into the case. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/-(Rupees Fifty Thousand) with two sureties of like amount to the satisfaction of the learned S.D.J.M., Kamrup(M), Guwahati subject to the following conditions-

i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; Page No.# 3/3

ii) That the accused petitioner 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 Police Officer or the Court;

iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is suspected of commission; and

iv) That out of the two sureties, one shall be a government servant subject to verification of the relevant documents, if deemed necessary and after such verification, the learned Court below shall return the original documents retaining legible scanned copy thereof on record for future reference. The bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010045892023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./808/2023 AIMAN A K MADAKIA S/O ABDUL KADER, R/O 82 SHORIOT MANZIL 3RD FLOOR ROOM NO. 12 ISMAIL CURTEY ROAD , NEAR PYDHONIE MAHARASTRA 400003 PRESENTLY RESIDING AT C/O TAPASH CHANDRA MAZUMDAR R/O VIL. HAHARA KOLONGPAR P.S. SONAPUR DIST. KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:OFFICE OF THE RANGE FOREST OFFICER GUWAHATI RANGE REPRESENTED BY THE LD. SPL. PP B. SHARMA Advocate for the Petitioner : MR. D BORAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR