Page No.# 1/2 GAHC010072092025 2025:GAU-AS:6128 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./418/2025 MD RAJA MONI ALI S/O- NABAB ALI, R/O- TOKONABARI, P.S- MIKIRBHETA, DIST- MORIGAON, PIN- 782104, ASSAM VERSUS STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR K THAKUR, MR. A HUDA,MR D MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.05.2025 1. Heard Ms. S. Yasmin, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of Orders passed by the learned Additional Chief Judicial Magistrate, Morigaon in PRC Case No.76/2022, directing issue of bailable warrant of arrest as well as non-bailable and P&A against the present petitioner Md. Raja Moni Ali. Page No.# 2/2 3. The petitioner Md. Raja Moni Ali has been facing trial before the Trial Court. On some dates he could not appeared before the Trial Court because he lost communication with his lower. 4. Therefore, the Trial Court initially issued bailable warrant of arrest against him and subsequently directed issued non-bailable as well as P&A against him 5. I have considered the submissions made by learned counsel for both the sides. 6. This Court is of the opinion that the petitioner has satisfactorily explained the reasons for his absence in the Trial Court. 7. Therefore all orders directing issue of bailable warrant of arrest, non-bailable warrant of arrest and P&A against the present petitioner are set aside. 8. The petitioner Md. Raja Moni Ali is directed to appear before the Trial Court of the learned Additional Chief Judicial Magistrate, Morigaon in connection with PRC Case No.76/2022 within next 15 days from today. 9. On his appearance, he shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Morigaon. 10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant