Eusuf Ali v. The State of Assam

ORDER Date : 11.07.2024 Heard Mr. A. Paramanik, learned counsel for the petitioners and Mr. B. Sarma, learned Special PP, Wild Life appearing for respondent.

¶2The petitioner, who was arrested on 15.05.2024, is seeking regular bail under section 439 Cr.P.C. in connection with Forest Offence No. NBR/14 of 2024-Page No.# 2/3 25 under section 50 of Wildlife (Protection) Act, 1972.

¶3The learned Special PP has produced the offence report which reveals incriminating material against the petitioner who was found with a live Tokay Geeko during checking. It appears that the said animal is included as an endangered species under Schedule 4 to the Wildlife (Protection) Act, 1972.

¶4Be that as it may, as the petitioner has spent 57 days in judicial custody, and the statutory period of arrest is 60 days within which charge-sheet is required to be filed, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, Eusuf Ali in connection with the aforesaid case on furnishing bail bond of Rs.30,000/- with one suitable surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Boko.

¶5The bail is granted on the following conditions: i. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. ii. The 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. iii. The petitioner shall not obstruct the smooth progress of the investigation/trial. iv. The petitioner shall not misuse his liberty in any manner. Page No.# 3/3 v. The petitioner shall appear before the I/O within 15 (fifteen) days from today and he shall continue to appear once a month till his appearance is dispensed with or charge-sheet is filed, whichever is earlier. vi. In the event the petitioner is found to be involved in any forest offence or offence under Wildlife (Protection) Act, it would be open to the I.O. to move the jurisdictional Court for cancellation of bail.

¶6This application stands disposed of.

¶7Offence report is returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010123032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1803/2024 EUSUF ALI S/O SHAHJAHAN ALI VILL- NAITOR, BIDYANAGAR, P.S. NAGARBERA, DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A PARAMANIK Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA