Dismissed¶18

Manjil Basumatary @ Manjil Narzary and Anr. v. the State of Assam

Gauhati HC1 Jun 2025AB/516/2025

Case brief

AI extract

What is this about?

Gauhati High Court, AB/516/2025, decided 02.06.2025 by Justice Parthivjyoti Saikia. Anticipatory bail under Section 482 BNSS, 2023 rejected for two petitioners in a wildlife offence case (recovery of 10 elephant tusks by Forest Department assisted by SSB; Offence Report No. PS/23 dated 12.11.2020; Case No. CR (Wildlife)-01/2024, ACJM Kajalgaon, Chirang). Bail to be considered only after framing of charges and examination of witnesses.

What did the court decide?

Granting anticipatory bail to the petitioners at this stage would not be justified for ends of justice; the trial court shall frame charges and examine witnesses, after which the petitioners' bail application shall be considered. ¶18

Manjil Basumatary @ Manjil Narzary and Anr. Vs the State… — Anticipatory Bail | Gauhati HC (2025)

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Page No.# 1/2

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GAHC010042642025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/516/2025

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MANJIL BASUMATARY @ MANJIL NARZARY AND ANR SON OF- PANIRAM NARZARY RESIDENT OF-DAOLIHAL, P.O - MALIVITA, P. S. - AMGURI, DISTRICT - CHIRANG, BTR, ASSAM.

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2: SRI MARJU NARZARY @ MARJU BASUMATARY

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SON OF - LT. KHOREN NARZARY RESIDENT OF - BAGMARA JOYPUR (LAORIPARA) P O MALIVITA P. S. - AMGURI DISTRICT - CHIRANG BTR ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R B GOHAIN, MR. B K GOGOI

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Advocate for the Respondent : SPECIAL PP ASSAM,

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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02.06.2025

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Heard Mr. B.K. Gogoi, learned counsel for the petitioners and Mr. B. Sarma, learned Special Public Prosecutor, Wildlife Department, Assam.

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This is an application filed under Section 482 of the BNSS, 2023 by the petitioners, namely, (1) Sri Manjil Basumatary @ Manjil Narzary and (2) Sri Marju Narzary @ Marju Basumatary in respect of Case No. CR (Wildlife)-01/2024 pending in the court of the learned Additional Chief Judicial Magistrate, Kajalgaon, Chirang arising out of Offence Report No. PS/23 dated 12.11.2020.

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The Forest Department assisted by SSB had recovered 10 (ten) nos. of elephant tusks from these two petitioners along with some other persons.

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On search of the house of the petitioners, 4 (four) tusks were recovered. The Forest Department has filed the Office Report. The charges are yet to be framed.

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This court is of the opinion that giving privilege of anticipatory bail to the petitioners at this stage will not be justified for ends of justice. Let the trial court shall frame charges and examine some witnesses. After that, the bail application of the petitioners shall be considered. At this stage, the bail prayer of the petitioners is rejected and dismissed accordingly.

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JUDGE

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Comparing Assistant

Manjil Basumatary @ Manjil Narzary and Anr. v. the State of Assam

Case brief

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Manjil Basumatary @ Manjil Narzary and Anr. v. the State of Assam

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