Abdul Ali v. The State of Assam

ORDER Date : 10.10.2023 Heard Mr. N. Boruah, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Special Public Prosecutor for Forest Department. Page No.# 2/4

¶2This bail application under Section 439 Cr.P.C has been preferred by the petitioner, Md. Abdul Ali seeking bail as he is arrested in connection with Offence No. CIR/05 of 2019 registered

under

Sections

9/39(1)(d)/39(3)(a)/39(3)

(b)/44/48(A)/52 of WL(P), Act, 1972 read with Section 2(i)

(a)/2(i)(b)/3(51 B) of Wildlife (Protection) Act, 1972 (Assam Amendment) Act, 2009.

¶3The petitioner was arrested on 07.08.2023 and have been in custody since then.

¶4It is alleged in the Offence Report that on 27.06.2019 at about 1.00 p.m an input was received from reliable source that some persons of Biswanath Chariali trying to trade of a TOKAY GECKO which is a schedule-IV animal under the Wildlife (Protection) Act with one supplier from Borjharoni area of Gingia. And on 28.06.2019, two accused persons namely, Md. Furkan Ali and Md. Sahidul Islam were arrested red handed with a live Tokay Gecko while transporting it in a plastic bag by a motorcycle bearing registration No. AS-12-J/0272.

¶5The learned counsel for the petitioner submits that the allegations made in the Offence Report are false and he is not connected with any of the offences alleged.

¶6It is seen that co-accused namely, Md. Sahidul Islam and Furkan Ali were granted bail by S.D.J.M, Biswanath Chariali. The learned counsel appearing on behalf of the department submits that the investigations are underway but the Offence Page No.# 3/4 Report after completion of the investigation has not yet been filed. Accordingly, considering the progress of the investigation made and the period of detention undergone by the petitioner, this Court is of the view that the prayer for bail made by the petitioner can be granted. Accordingly, this Bail petition is allowed. The petitioner is directed to be released on bail forthwith subject to executing a bail bond of Rs.25,000/-(Rupees twenty five thousand) only with 1 (one) local surety of like amount subject to the satisfaction of the Chief Judicial Magistrate, Biswanath. The bail, granted however, is subjected to the following conditions:-

i) The petitioner shall continue to appear before the Investigating Officer once a month and cooperate with the Investigating Officer as and when required, till completion of investigation.

ii) The petitioner shall not change his residence or place of business, without prior written permission from the Court of Chief Judicial Magistrate, Biswanath.

iii) That the petitioner shall not hamper or tamper with the investigation in any manner; and

iv) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing Page No.# 4/4 such facts to the Court or to any police officer in connection to this Police Station Case.

¶7If any of the conditions are found to be violated by the petitioner then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the accused.

¶8With the above direction, the bail petition is accordingly allowed and disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010213242023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3344/2023 ABDUL ALI S/O- MD. ABUL HOQUE, PERMANENT R/O- VILLAGE TENGABARI, P.O- BORJHARONI, P.S- GINGIA, DIST- BISWANATH, ASSAM, PIN-784184 VERSUS THE STATE OF ASSAM REP. BY SPECIAL PUBLIC PROSCECUTOR , WILDLIFE, ASSAM Advocate for the Petitioner : MR. N BORUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA