Dhan Daimary v. The State of Assam

ORDER Date : 19-01-2024

¶1Heard Mr. K.K. Handique, learned counsel for the petitioner Dhan Daimary and Mr. I. Borthakur, learned counsel on behalf of Mr. D. Gogoi, learned Special Public Prosecutor for the Wildlife.

¶2The petitioner has filed this application under Section 438 of the Code of Page No.# 2/2 Criminal Procedure with prayer for pre-arrest bail as he is apprehending arrest for Offence No. DH/03/OR/127-129 dated 30.06.2023 under Sections 9, 39 & 51 of Wildlife (Protection) Act, 1972 & read with Sections 24, 25 of the Assam Forest Regulations 1981 and 49(1)(2) of the Assam Forest Regulation (amended). The petitioner is apprehending arrest because he is a suspect relating to death of an elephant at Gathiapara P.R.F. It is also submitted that the petitioner is a local resident and he will cooperate with the investigation.

¶3The learned counsel for the Wildlife has raised objection.

¶4I have considered the submissions at the bar with circumspection. I have considered the submissions that the petitioner has cooperated with the investigation. He has appeared before the investigating agency. His statement has been recorded. He has not violated any bail conditions.

¶5Considering all aspects and in view of my foregoing discussions, interim order dated 20.11.2023 is hereby made absolute under the conditions that:

(1) The petitioner shall cooperate with the remaining part of the investigation.

(2) The petitioner shall refrain from such activities with which he is alleged.

¶6On breach of any bail conditions, bail order shall stand cancelled.

¶7In the above terms and conditions this anticipatory bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010181782023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2904/2023 DHAN DAIMARY S/O- LATE DAVID DAIMARY, VILL- KUREHAMARI PART II, P.O- KOTHAKUTHI, P.S- DHUPDHARA, DIST- GOALPARA, ASSAM, PIN-783123 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. K K HANDIQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND