Gauhati High Court
Bail Appln./2302/2026 of UDAY BASUMATARY AND 4 ORS. Vs THE STATE OF ASSAM on 1 September 2026
GAHC010167172026 2026:GAU-AS:12717 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2302/2026 UDAY BASUMATARY AND 4 ORS. S/O SOMOREN BASUMATARY, R/O VILL OXIGURI, PO RAIMONA, PS GOSSAIGAON, DIST KOKRAJHAR, BTC, ASSAM, PIN 783350 2:
GAHC010167172026
2026:GAU-AS:12717
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2302/2026
UDAY BASUMATARY AND 4 ORS.
S/O SOMOREN BASUMATARY, R/O VILL OXIGURI, PO RAIMONA, PS
GOSSAIGAON, DIST KOKRAJHAR, BTC, ASSAM, PIN 783350
2: MITINGA NARZARY
S/O PRONOY NARZARY
R/O VILL OXIGURI
PO RAIMONA
PS GOSSAIGAON
DIST KOKRAJHAR
BTC
ASSAM
PIN 783350
3: EJIBEL ISWARY
S/O ABISWAR ISWARY
R/O VILL OXIGURI
PO RAIMONA
PS GOSSAIGAON
DIST KOKRAJHAR
BTC
ASSAM
PIN 783350
4: ASINTO ISWARY
S/O AMBRIT ISWARY
R/O VILL OXIGURI
PO RAIMONA
PS GOSSAIGAON
DIST KOKRAJHAR
BTC
ASSAM
PIN 783350
5: SOBODESH BORGOYARY
SO JERIMIA BORGOYARY
RO VILL OXIGURI
PO RAIMONA
PS GOSSAIGAON
DIST KOKRAJHAR
BTC
ASSAM
PIN 78335
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, ENVIRONMENT, FOREST AND CLIMATE CHANGE DEPARTMENT, GOVT OF ASSAM
Advocate for the Petitioner : MR. K KALITA, MR A BASUMATARY
Advocate for the Respondent : SPECIAL PP ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 02.09.2026 Heard Mr. A. Basumatary, learned counsel for the petitioners. Also heard Mr. A. Goswami, learned Special Public Prosecutor appearing for the State of Assam.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 whereby the petitioners, namely, 1. Uday Basumatary, 2. Mitinga Narzary, 3. Ejibel Iswary, 4. Asinto Iswary, and 5. Sobodesh Borgoyary, have prayed for releasing them on bail after they were arrested on 24.07.2026 in connection with OR No.WR/01 of 2026 dated 25.07.2026 registered under Sections 9/39/51 of the Wild Life (Protection) Act, 1972 registered by Western
Range, Raimona. N.P.
3. The learned counsel appearing on behalf of the learned Special Public Prosecutor, Forest Department has furnished the instructions received from the Investigating Officer, wherein it is stated that- “due to rigorous jungle duties inside the Raimona National Park, the CD/ Status Report of the above noted case couldn’t be prepared in time”.
4. The allegation as reflected in the complaint is that during patrolling duties Forest Officials found the meat of Bengal Monitor (Varanus bengalenisis), Schedule I, Part C Sl. No. 21 and the persons present there fled from the scene. Subsequently, the present petitioners along with some others were arrested on 25.07.2026.
5. On perusal of the forwarding report, it is seen that the petitioners were not apprehended on the spot but after detailed enquiry and investigation and they have been arrested on the basis of their own statements, which are inadmissible in evidence.
6. Having regard to the above as well as the fact that the petitioners have spent 43 days behind the bar, I am of the view that the petitioners should be released on bail. Accordingly, the prayer for bail is allowed. The petitioners shall be released on bail on furnishing a bail bond of Rs. 50,000/- (Rupees Fifty Thousand) only each with two sureties each, of the like amount, to the satisfaction of the learned Eleka Magistrate/Jurisdictional Court.
7. It is further provided that the petitioners shall regularly participate in the trial if one commences and shall not try to tamper with the remaining witnesses.
8. Accordingly, the bail application stands disposed of.
JUDGE Comparing Assistant