Gaji Rahman and Anr v. The State of Assam

ORDER

12.09.2024

¶1Heard Mr. M. A. Mondal, learned counsel for the petitioners namely, (i) Gaji Rahman, and (ii) Jahangir Ali.

¶2The petitioners have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as they are behind bars Page No.# 2/3 since 02.08.2024 in connection with Ref:Letter No. RP/24-25/Arrest/64/51 registered under Sections 24/25/40/41/49 of Assam Forset Regulation, 1891 and Amended Act, 1995.

¶3Heard Mr. D. Gogoi, learned Standing Counsel, Forest for the respondents.

¶4The allegation against the petitioners are that they were found felling Sal and Non Sal trees inside the forest reserve. It is submitted on behalf of the petitioners that the petitioner No. 1 is the care taker of the Rupsi Forest Office, Rupsi Range and the petitioner No. 2 is the driver of the tractor seized in connection with this case.

¶5I have considered the submissions at the Bar. I have considered the length of detention. It appears that further custodial detention may not be required for the progress of investigation. Articles have already been seized in connection with this case.

¶6Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with a suitable surety of like amount to the satisfaction of the learned CJM, Kokrajhar under the conditions that:

(i) The petitioners shall co-operate with the remaining part of the investigation and appear before the Investigating Officer on every fortnight till completion of investigation,

(ii) The petitioners shall refrain from such activities with which they are alleged, and

(iii) The petitioners shall not leave the jurisdiction of the Court without prior permission. Page No.# 3/3

¶7On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶8In terms of the above observation, bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010183432024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2679/2024 GAJI RAHMAN AND ANR S/O AJGAR ALI, R/O VILL- LALKURA PT-II, P.O.-SAHEBGANJ, NAICHERLEUTI, P.S.-GAURIPUR, DIST-DHUBRI, ASSAM, PIN-783331 2: JAHANGIR ALI DHUBR VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND