Page No.# 1/4 GAHC010081342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/938/2025 NATHURAM RAJBANGSHI @ SRI NATHU RANBANGSHI S/O SHAMBHU RAJBANGSHI,R/O ANANDANAGAR MAJARABARI, NO. 3 SILAPATHAR, PO BHUBARIYA BAZAR, PS SILAPATHAR, DISTRICT DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:SMTI.MYARANI DAS W/O GANESH BARUAH R/O SILAPATHAR PWD COLONY P.S. SILAPATHAR DIST.DHEMAJI ASSA Advocate for the Petitioner : B ALI SK, MR K THAKUR Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS,AMICUS CURIAE, (R-2) Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 23.07.2025 1. Heard Mr. S. Hussain, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State as well as Mr. S. Nawaz appearing for Mr. S. Das, learned Amicus Curiae for the respondent no.2. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Nathuram Rajbangshi @ Sri Nathu Ranbangshi, who is apprehending his arrest in connection with Special (POCSO) Case No. 6/2025 arising out of Silapathar PS Case No.182/2024 under Sections 61(2)/65(1)/75(2) of BNS, 2023, R/W Section 12/4 of POCSO Act, 2012. 3. The learned counsel for the petitioner has submitted that in the aforesaid case, charge-sheet has been laid against 3(three) accused persons including the present petitioner. 4. The learned counsel for the petitioner further submits that the petitioner has been shown as an absconder in the charge-sheet and by order dated 15.02.2025, the learned Special Judge, Dhemaji had issued non-bailable warrant of arrest against the petitioner at the first instance at the time of taking cognizance of. 5. The learned counsel for the petitioner has submitted that the petitioner is apprehending his arrest as the offence involved is under POCSO Act, 2012 and a non-bailable warrant of arrest is pending against him. Page No.# 3/4 6. On the other hand, the learned Additional Public Prosecutor has submitted that the Court of Special Judge, Dhemaji is competent enough that he is having power to consider bail application for the offence for which charge-sheet has been made and therefore, there is no legal embargo on granting bail by the said Court and therefore, the apprehension of petitioner of getting arrested does not have any basis. 7. He further submits that regarding the fact that the petitioner is also aggrieved by the issuance of non-bailable warrant as on the first instance itself, he ought to have approach this Court by filing an application u/s 528 of BNSS. 8. The learned Amicus Curiae, Mr. S. Nawaz has submitted that since the Court of learned Special Judge, Dhemaji is competent to consider the application for bail and to grant it if it deems fit to do so, the petitioner may be directed to appear before the trial court on the next date fixed in the aforesaid case and to facilitated his appearance, the inherent powers of this Court u/s 528 of BNSS may be exercised. 9. I have considered the submissions made by the learned counsel for both sides. 10. It appears that the trial court i.e. the Court of learned Special Judge, Dhemaji was no right in issuing the non-bailable warrant of arrest on the first date itself after receiving the charge- sheet in the above mentioned case. Page No.# 4/4 11. It is no longer res integra that even if an accused has been shown as an absconder in the charge-sheet, the trial court has to, at the first instance, issue summons to such an accused which has not been done in the instant case. 12. This Court is of also of considered opinion that the Court of learned Special Judge, Dhemaji is competent enough to consider and grant bail to the petitioner, if it finds fit to do so. Hence, the petitioner is directed to appear before the Court of learned Special Judge, Dhemaji on the next date fixed i.e. on 12.08.2025. 13. To facilitated the appearance of the petitioner before the said Court, this Court, in exercise of its inherent powers u/s 528 of BNSS directs that the non-bailable warrant of arrest issued against the petitioner by the trial court shall not be executed till the next date fixed by the trial court i.e. on 12.08.2025. 14. Accordingly, this anticipatory bail application is disposed of. JUDGE Comparing Assistant