Page No.# 1/3 GAHC010119212025 2025:GAU-AS:9606 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1246/2025 MUFAJJUL ISLAM SON OF HURMUJ ALI PERMANENT RESIDENT OF VILL- BANIAPARA,P.S. JURIA, DIST. NAGAON, ASSAM CURRENTLY RESIDING AT VILL- BORBHETI, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR A W AMAN, A MISHRA,SAMIM RAHMAN,MR. SURAJIT DAS,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 25.07.2025 1. Heard Mr. S. Nawaz, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner, namely, Mufajjul Islam, who is apprehending his arrest in connection with Nagaon P.S. Case No. 403/2025, under Sections 61(2)/316(4)/303(2) of BNS, 2023. 3. The gist of accusation in this case is that on 17.05.2025, one Amirul Hoque had lodged an FIR inter alia, alleging that on 30.05.2025, he was informed by the present petitioner, who is the Manager of the informant, that some dacoits entered in to the house of the informant at Borbheti and tied the legs and hands of Hibjur Ali @Hibjur Rahman and looted an amount of Rs. 11,56,000/- from there. 4. However, it is also alleged in the FIR that later on, the said Hibjur Ali @Hibjur Rahman informed that the whole incident was orchestrated by the present petitioner and he tied Hibjur Ali @Hibjur Rahman and took Rs. 11,56,000/- from there and gave it a colour of robbery. 5. The learned counsel for the petitioner has submitted that the petitioner is an innocent person and is in no way involved in the offence alleged in the FIR. 6. He submits that from the seizure list, it appears that it was Hibjur Ali @Hibjur Rahman who led the police to the recovery of an amount Rs.1,89,000/-. However, till date said Hibjur Ali @Hibjur Rahman has neither been arrested nor he has been shown as an accused in this. 7. The learned counsel for the petitioner submits that the said Hibjur Ali @Hibjur Rahman is now concocting facts to falsely implicate the Page No.# 3/3 present petitioner. He further submits that the petitioner is ready to cooperate in the investigation and therefore, prays for allowing the petitioner to go on bail. 8. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Nagaon P.S. Case No. 403/2025 and has submitted that there are sufficient materials in the Case Diary which indicate to the complicity of the present petitioner in the alleged offence and he further submits that the investigation is still at initial stage and therefore, at this stage, the petitioner may not be allowed to go on anticipatory bail as there are incriminating materials against him. 9. I have considered the submissions made by the learned counsel for both sides and have gone through the Case Diary of Nagaon P.S. Case No. 403/2025. 10. At this stage of the investigation, there appears to be materials which indicate to the complicity of the petitioner in the alleged offence. Hence, this Court is not inclined to grant the benefit of Order under 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) at this stage. 11. The prayer for anticipatory bail is therefore rejected. JUDGE Comparing Assistant