Page No.# 1/4 GAHC010066932026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/713/2026 SAIFUL ISLAM S/O ABDUL LATIF R/O VILL- KANHARA P.S. GARAIMARI,DIST. KAMRUP, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, MR A AHMED,U U KHAN,MISS. P M AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 12.05.2026 Heard Mr. A. Ahmed, the learned counsel for the petitioner. Also, heard Mr. K.K. Das, the learned Additional Public Prosecutor. 2. This application under Section 482 of the BNSS 2023, has been filed by Page No.# 2/4 the petitioner, namely, Saiful Islam, who is apprehending his arrest in connection with Goraimari P.S. Case No. 23/2025, under Sections 296/117(2)/118(2)/109/74/3(5) which added Sections 103/61(2) of BNS. 3. It is pertinent to mention herein that, this is for the third time, the petitioner has approached this court seeking anticipatory bail. On previous two occasions, his prayer for a grant of anticipatory bail was rejected by this court after finding sufficient materials against him in the Case Diary. 4. The learned counsel for the petitioner has submitted that the order dated 01.11.2025, passed by the Learned Chief Judicial Magistrate in Goraimari P.S. Case No. 23/2025, indicates that the investigation has already been completed and same is pending only for arrest of the present petitioner. He submits that in the event of completion of investigation, there is no bar in filing of the charge sheet. He also submits that since he is indicated that the investigation has already been completed, custodial interrogation of the present applicant may not be necessary. 5. He also submits that one of the co-accused, namely Saddam Hussain, who has surrendered before the court, has made a statement before the Investigating Officer, wherein, he has exonerated the present applicant from any participation in the alleged offense. He, therefore, submits that since the custodial interrogation of the present applicant may not be necessary, and since he is ready to co-operate in trial, he may be granted anticipatory bail as prayed for. 6. On the other hand, the learned Additional Public Prosecutor has vehemently opposed the grant of anticipatory bail to the present petitioner on the ground Page No.# 3/4 that on earlier two occasions, this court rejected his prayer for grant of bail after pursuing the case diary and after finding sufficient incriminating materials against him. 7. He also submits that the fact that the investigation is nearing its completion cannot be a new ground for filing a fresh anticipatory bail application by the present petitioner when his earlier applications were rejected on merit. 8. He also submits that the injured victims have, in their statement, implicated the present petitioner in the offense which has been alleged against him. 9. I have considered the submissions made by the learned counsel for both sides and have gone through the records, including the case diary of Goraimari P.S. Case No. 23/2025. It appears that though the co-accused, Saddam Hussain has admitted in his statement before Investigating Officer that he had assaulted one of the injured persons. However, it does not ex-exonerate the present petitioner when there are accusation against him and statement against him by the other injured victims. It also appears that these aspects were considered by this court while rejecting his anticipatory bail on earlier occasion. 10. This court is of considered opinion that, no new ground has been shown by the petitioner for preferring this bail application for the third time. As there are incriminating materials against the present petitioner in the Case Diary and as the offence involved is of heinous nature, this court is of the considered opinion that this is not a fit case for grant of anticipatory bail to the present petitioner. 11. Accordingly, this anticipatory bail application is rejected. Page No.# 4/4 12. Send back the Case Diary. JUDGE Comparing Assistant