Page No.# 1/3 GAHC010074322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./421/2025 MD MAFEZ KHAN @ MOFFEZ KHAN S/O LATE AYUB KHAN, R/O VILL- DAKHIN SITOLI, P.S.- BAGHBAR, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MUKTAR MULLAH S/O SHITAL MULLAH R/O VILL- DAKHIN SITOLI P.S.- BAGHBAR DIST- BARPETA ASSA Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.05.2025 1. Heard Mr. R. Ali, 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 Page No.# 2/3 Sanhita, 2023, in respect of Special POCSO Case No.70/2021, pending in the Court of learned Additional Sessions Judge cum Special Judge POCSO, Barpeta. 3. The petitioner Md Mafez Khan @ Moffez Khan is shown as an absconder in the Charge-Sheet and after registration of the case, the Trial Court directly issued non- bilable warrant of arrest and P&A also issued against the present petitioner. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore he deserve to be given one opportunity to that effect. 5. The learned Additional Public Prosecutor has objected to the bail petition on the ground that P&A has been issued against the present petitioner. 6. I have considered the submissions made by learned counsel for both the sides. 7. This Court is of the opinion that sine the petitioner is interested in facing the trial, he deserve to be given one opportunity to that effect. 8. The prayer of the petitioner is allowed. 9. The order directing issue non-bailable warrant of arrest as well as P&A against the petitioner by the learned Additional Sessions Judge cum Special Judge POCSO, Barpeta in Special POCSO Case No.70/2021 are set aside. 10. The petitioner Md Mafez Khan @ Moffez Khan is directed to appear before the Trial Court within next 7 (Seven) days from today. 11. On his appearance, the petitioner Md Mafez Khan @ Moffez Khan shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Page No.# 3/3 learned Additional Sessions cum Special Judge (POCSO), Barpeta, Assam. 12. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant