JUDGMENT :

SUSMITA PHUKAN KHAUND

Heard Mr. T Chakraborty, learned counsel for the petitioner, Akshay Mandal, who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail, as he is apprehending arrest in connection with a case vide OR No. KR/06/2024 under Sections 9/39/49B of the Wildlife (Protection) Act, 1972 (the Act of 1972 for short) as amended up to date.

2. Heard Mr. I Borthakur, learned counsel appearing on behalf of Mr. D Gogoi, learned Special Public Prosecutor, Wildlife.

3. It is submitted that the prime accused, Basudev Ray has already been granted bail by the learned Additional Sessions Judge, Bijni vide order dated 18.01.2025 in Misc. Criminal Case No. 37/2024, but the petitioner’s prayer for pre-arrest bail was rejected vide order dated 18.01.2025 in Misc. Criminal Case No. 36/2024 by the learned Additional Sessions Judge, Bijni.

4. I have considered the submissions at the bar with circumspection.

5. The gist of the case is that on 07.12.2024, on a tip off, a joint raid was conducted by police and the forest staff in the house of Basudev Ray and some materials of wild cat species were seized and sent for expert opinion. As per the sei