Page No.# 1/3 GAHC010089842025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./498/2025 NAJIBUR RAHMAN S/O EMAN ALI R/O VILL-HERAPATI NAGAON, P.S. AND DIST.NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MD. RAFIQUL ISLAM S/O HASMAT ALI R/O VILL-BALMA P.S. LALUK DIST. LAKHIMPUR 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, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 01.05.2025 Heard Mr. N. Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Special (POCSO) Case No.46/2022 pending in the court of learned Special Judge, POCSO, Lakhimpur, North Lakhimpur, Assam. 3. In the aforesaid case, the petitioner has been shown as an absconder. Moreover, he claims that he did not receive summons. According to the petitioner, the trial court has issued Non-Bailable Warrant of Arrest (NBWA) against him. He, now, apprehends that he will be remanded to custody as he has been shown as an absconder in the charge sheet. So, in order to prove his innocence, the petitioner prays for giving one opportunity to that effect. 4. I have considered the submissions made by the learned counsel of both sides. 5. Since, the petitioner is interested to face the trial, he should be given one opportunity to that effect. Therefore, his application is allowed. 6. The petitioner Najibur Rahman is directed to appear before the learned Special Judge POCSO, Lakhimpur, North Lakhimpur, Assam in respect of Special (POCSO) Case No.46/2022 within next 10(ten) days from today. On his appearance before the said court, he shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the said court i.e Special Judge POCSO, Lakhimpur, North Page No.# 3/3 Lakhimpur, Assam. With the aforesaid direction, the criminal petition is disposed of. JUDGE Comparing Assistant