Allowed

Rupen Rabha v. the State of Assam

Gauhati HC5 Feb 2025Bail Appln./89/2025

Case brief

AI extract

What is this about?

In this bail application, the Gauhati High Court considered the plea of Rupen Rabha, detained since November 2024 on charges related to a dead elephant found on his property. The Court allowed bail after noting the accused's poor health and the nearing completion of the investigation.

What did the court decide?

The accused shall be enlarged on bail upon furnishing a bond of `50,000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup.

Rupen Rabha Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2025)

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GAHC010003312025

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

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Case No. : Bail Appln./89/2025

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RUPEN RABHA S/O LATE JUISHAL RABHA R/O VILL- JOYPUR FOREST VILLAGE, P.O. LOHARGHAT P.S. PALASHBARI DIST. KAMRUP (R), ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N N JHA, MS M SAHOO,MR. M UDDIN

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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06.02.2025

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Heard Mr. N.N. Jha, learned counsel for the accused and also heard Mr. B. Sarma, learned Special Public Prosecutor, Wildlife, Assam, appearing for the State respondent.

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2. This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita

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(BNSS), 2023, is preferred by the accused, namely, Rupen Rabha, who has been languishing in jail hazot since 15.11.2024, in connection with Offence Report No.R/24 of 2024-25 under Section 24 and 25 of the Assam Forest Regulation Act, 1891, read with Section 9 and 57 of the Wildlife Protection Act, 1972, for grant of bail.

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3. It is to be noted here that the aforementioned case has been registered on the basis of one complain lodged by Dulu Mahanta, Forester-I, Rani Range Forest Office, Rani, on 15.11.2024. The allegation in the FIR dated 15.11.2024 is that on 15.11.2024 at about 6:30 a.m., they have found one carcass of a dead elephant in the homestead of Shri Rupen Rabha of Joypur, Bongaon.

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4. Mr. Jha, learned counsel for the accused submits that the accused was arrested on 15.11.2024 and since then he has been languishing in jail hazot for last 83 days and that the accused is also suffering from heart and renal diseases and the relevant documents are enclosed with this petition at Page Nos.12 to 26 and that the accused is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

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5. On the other hand, Mr. B. Sarma, learned Special Public Prosecutor, Wildlife, Assam, producing the relevant record submits that the Investigating Officer has collected sufficient incriminating materials against the present accused and that the carcass of the dead elephant was recovered from his homestead and as per postmortem report, the elephant died of electrocution and some live wires were found in his homestead, which were connected to his residence and that the investigation is almost completed. However, having regards to the nature of the offence, Mr. Sarma has opposed the petition.

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6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through the petitioner and the documents placed on record and also perused the record produced by Mr. Sarma, learned Special P.P. before the Court.

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7. It is not in dispute that the accused was arrested on 15.11.2024 and he is behind the bar for last 83 days. Further, it appears from the record produced by Mr. Sarma that the investigation is almost completed and in the interest of investigation, further custodial detention of the accused seems to be not warranted here in this case. Moreover, he has

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been suffering from the ailments of kidney as well as of heart and considering the aforementioned facts and circumstances, specially the stage of investigation, this Court is inclined to allow this petition.

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8. It is provided that on furnishing a bail bond of ` 50,000/- with one surety of like amount to the satisfaction of the learned Sessions Judge, Kamrup, Amingaon, the accused, namely, Rupen Rabha, shall be enlarged on bail.

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9. In terms of above, this bail application stands disposed of.

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Sd/- Robin Phukan JUDGE

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Comparing Assistant

Rupen Rabha v. the State of Assam

Case brief

What is this about?

What did the court decide?

Rupen Rabha v. the State of Assam

Case brief

What is this about?

What did the court decide?

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