RAFIKUL ALI @ RAFIK ALI v. THE STATE OF ASSAM AND ANR.
Crl.Pet./486/2025 · 2025-04-29
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11034 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11034 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010081832025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./486/2025 RAFIKUL ALI @ RAFIK ALI S/O MINHAZ ALI VILL- THEKA GAON, KAYAKUCHI P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM 2:SUMIT TALUKDAR SUB-INSPECTOR OF POLICE
IN-CHARGE KAYAKUCHI OUT POST
P.O. KAYAKUCHI
P.S.AND DIST. BARPETA ASSAM PIN-78135 Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.04.2025
1. Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. K. Baishya, 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 Special (NDPS) Case No.28/2024, pending in the Court of learned Special Judge, Barpeta
3. The petitioner Rafikul Ali @ Rafik Ali has been shown as an absconder in the Charge-Sheet, therefore he apprehends that he may be remanded to custody after he appear before the Trial Court.
4. The learned counsel for the petitioner submits that the petitioner wants to contest this case and, therefore, he should be given one opportunity to that effect.
5. I have considered the submissions made by learned counsel for both the sides.
6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect.
7. Therefore, the application filed by the petitioner is allowed.
8. The petitioner Rafikul Ali @ Rafik Ali is directed to appear before the Court of learned Special Judge, Barpeta in respect of Special (NDPS) Case No.28/2024 within next 10(ten) days from today.
Page No.# 3/3
9. On his appearance, the petitioner Rafikul Ali @ Rafik Ali shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the of learned Special Judge, Barpeta, Assam.
10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant