Page No.# 1/2 GAHC010089822025 2025:GAU-AS:5382 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./505/2025 RAKMAT ALI SON OF JALAL ALI R/O VIL-BHERALDI,P.S. AND DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:RUP BHANU W/O JAMAL ALI R/O VILL-BHERALDI P.S.AND DIST. BARPETA ASSA Advocate for the Petitioner : MR. N J DUTTA, M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.05.2025 1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, 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 POCSO Case No.92/2022, pending in the Court of Page No.# 2/2 learned Additional Sessions cum Special Judge (POCSO), Barpeta, Assam. 3. The petitioner Rakmat Ali is shown as an absconder in the Charge-Sheet and without issuing any summons; the Trial Court straight away directed issue of non- bailable warrant of arrest against the present petitioner. 4. I have considered the submissions made by learned counsel for both the sides. 5. Without any elaborate discussion from the point, this Court hereby finds that the impugned order directing issue of non-bailable warrant of arrest against the present petitioner is bad in law and stands set aside. 6. The petitioner Rakmat Ali is directed to appear before the Court of the learned Additional Sessions cum Special Judge (POCSO), Barpeta, Assam in respect of Special POCSO Case No.92/2022 on 16.05.2025. 7. On his appearance, the petitioner Rakmat Ali shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions cum Special Judge (POCSO), Barpeta, Assam. 8. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant