Page No.# 1/3 GAHC010123672025 2025:GAU-AS:12377 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1317/2025 KHABIR HUSSAIN S/O KHAIRAT ALI R/O FRIENDS PATH, HATIGAON, P.O.AND P.S. HATIGAON, GUWAHATI38, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, A ISLAM,MD IMRAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 09.09.2025 1. Heard Mr. S.H. Sikdar, 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. The learned counsel for the petitioner has submitted that the petitioner was granted interim bail by this Court, by order dated 12.06.2025 and in pursuant to the directions of this Court, the petitioner, namely, Khabir Hussain has appeared before the Investigating Officer and has co-operated in the investigation. 3. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Hatigaon P.S. Case No. 83/2025 and submitted that the petitioner has appeared before the Investigating Officer and his statement was also recorded. 4. However, he submits that there are sufficient incriminating materials against the petitioner and considering the nature and the manner in which the offence was committed in this case, he submits that the petitioner is not entitled to get the benefit of anticipatory bail and, therefore, he prays for rejection of the application for anticipatory bail. 5. I have considered the submission made by the learned counsel for both sides and has perused the Case Diary produced by the learned Additional Public Prosecutor. 6. It appears that there are sufficient incriminating materials against the petitioner in the Case Diary. However, the petitioner has disputed the same and it also appears that he had complied with the directions of this Court and has appeared before Investigating Officer and co-operated in the investigation. His statement under Section 180 of the BNSS, 2023 has also been recorded. 7. Considering the fact that the petitioner has complied with the Page No.# 3/3 directions of this Court, and has co-operated in the investigation, his custodial interrogation does not appear to be necessary for fair completion of the investigation, if he continues to co-operate in the investigation. 8. In view of the above, the interim bail granted to the petitioner, by order dated 12.06.2025 is hereby made absolute, with condition Nos. (i) and (ii) attached to the said order, remaining intact. 9. With the above observations, this anticipatory bail application is disposed of. JUDGE Comparing Assistant