Page No.# 1/3 GAHC010034562026 2026:GAU-AS:2694 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./528/2026 SAIFUDDIN AHMED S/O ABDUL KADER, R/O DABORNI, PS HAJO, DIST KAMRUP, ASSAM VERSUS THE STATE OF ASSAM THROUGH PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MD M ISLAM, M. HOSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 23-02-2026 Heard Mr. M. Hossain, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Saifuddin Ahmed, who was arrested in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4) BNS, 2023. Page No.# 2/3 3. Case diary received. Perused the same. 4. Mr. Hossain, learned counsel submitted that the petitioner is innocent and he is no way connected with the alleged offence. The petitioner is the owner of a jewlry shop and in that view there may be some jewelry in his shop. But the ornaments which were seized from his possession are not tallying with the description made in the FIR. 5. But all the ornaments were seized and recovered from his possession and thus, there is no requirement for further custodial interrogation of the present petitioner. More so, he is in custody since 25.01.2026 and thus, the I.O. got sufficient opportunity to interrogate him, keeping him in custody. 6. The present petitioner was arrested in connection with this case only on suspicion and on the basis of the statement made by the co-accused of the case. 7. However, the accused petitioner is still ready and willing to extend his cooperation in the further investigation of the case, if he is granted with the privilege of bail. 8. Mr. Sarma, learned APP raised vehement objection and submitted that he is the person who received all the stolen ornaments from the other co-accused persons and from the case diary it reveals that after committing the theft the co-accused persons had sold the ornaments to the present petitioner. Further, he submitted that considering the conduct of the present petitioner, the I.O. already prayed for adding Section 317(4) BNS against the present petitioner being the habitual receiver of stolen property. 9. I have heard the submission made by the learned counsel for both sides and I have also perused the case diary and it is seen that there are some Page No.# 3/3 differences in the articles seized from the possession of the present petitioner and the ornaments described in the FIR. But from the materials available in the case diary it is seen that all the stolen articles were recovered from the possession of the accused petitioner on being led by the other co-accused persons. The entire recovery was made from the possession of the present petitioner and from the materials it is also seen that there are sufficient incriminating materials against the present petitioner. 10. Hence, considering all these aspect of the case, I find that further custodial detention/interrogation of the present petitioner is necessary for the purpose of investigation of the case. 11. Accordingly, this bail application of the accused/petitioner, namely, Saifuddin Ahmed, in connection with Hajo P.S. Case No. 33/2026 registered under Sections 305/331(4) BNS, 2023 stands rejected. 12. Return the case diary herewith. JUDGE Comparing Assistant