Page No.# 1/3 GAHC010089792025 2025:GAU-AS:5383 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./506/2025 SHOFIQUL ISLAM AND ANR S/O- LATE KASEM ALI, VILL- HALDIA PATHER, PO- GHUGUBARI, P.S- KALGACHIA, DIST.- BARPETA, ASSAM, PIN-781319 2: RAKIBUL ISLAM S/O- LATE KASEM ALI VILL- HALDIA PATHER P.O- GHUGUBARI P.S- KALGACHIA DIST.- BARPETA ASSAM PIN-78131 VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM Advocate for the Petitioner : MR. S AHMED, MS. M. KHATUN,T UDDIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.05.2025 1. Heard Mr. S. Ahmed, learned counsel for the petitioners. 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 PRC Case No.24/2021, arising out of Howly. P.S. Case N.234/2019. 3. The petitioners are shown as absconders in the Charge-Sheet for that reason only, the Trial Court directed issue of non-bailable warrant of arrest against them. 4. Learned counsel for the petitioners submits that the petitioners wants to contest the case and therefore they should be given adequate opportunity to that effect. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioners are interested in facing the trial, for the ants of justice they should be given adequate opportunity to that effect. 7. Therefore all orders directing issue of non-bilable warrant of arrest against the present petitioners Shofiqul Islam and Rakibul Islam respect of PRC Case No.24/2021, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Barpeta are quashed and set aside. 8. The petitioners Shofiqul Islam and Rakibul Islam are directed to appear before the Court of the learned Sub-Divisional Judicial Magistrate, Barpeta, Assam in respect Page No.# 3/3 of PRC Case No.24/2021 on 14.05.2025. 9. On their appearance, both the petitioners shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the learned Sub- Divisional Judicial Magistrate, Barpeta, Assam. 10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant