Page No.# 1/3 GAHC010091482025 2025:GAU-AS:5384 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./508/2025 FIDDUS ALI AND ANR S/O- LATE HAZARAT ALI. R/O-VILLAGE- NAYAPARA PT- I, P. S- MATIA, DIST- GOALPARA, ASSAM 2: SAHED ALI S/O- KUSUM ALI R/O-VILLAGE- SIDHABARI PT-II P.S.- MATIA DIST- GOALPARA ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY P.P, ASSAM 2:ABEDA BEGUM D/O- SATTAR ALI. VILLAGE- NAYAPARA PT- II PS AND P.O -MATIA DIST -GOALPARA ASSAM PIN-78312 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 02.05.2025 Heard Mr. S. Islam, learned counsel appearing for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2) This application has been filed under Section 528 BNSS, 2023 in respect of PRC Case No. 570/2024 pending in the Court of the learned Chief Judicial Magistrate, Goalpara. 3) The petitioners Fiddus Ali and Sahed Ali are shown as absconders in the charge sheet, which alleges commission of sessions triable offence. 4) The learned Chief Judicial Magistrate, Goalpara issued summons to them. 5) The petitioners have submitted that since they are shown as absconders they might be remanded to custody because the Court of learned Chief Judicial Magistrate, Goalpara does not have the jurisdiction to entertain their bail application. 6) Both the petitioners have submitted that they are unnecessarily implicated in this case and therefore, they deserve to be given some opportunity to defend themselves in the Trial Court. 7) I have considered the submissions made by the learned counsels of both the sides. 8) Considering the circumstances, the prayer of the petitioners are allowed. 9) The orders directing the issue of Non-Bailable Warrant of Arrest (NBWA) against the two present petitioners by the learned Chief Judicial Magistrate, Goalpara in respect of PRC Case No. 570/2024 are set aside. 10) The petitioners Fiddus Ali and Sahed Ali are directed to appear before the Court of the learned Chief Judicial Magistrate, Goalpara in respect of PRC Case No. 570/2024 on 29.05.2025. 11) On their appearance, both the petitioners shall be released on bail of Rs. 25,000/- Page No.# 3/3 each, with a surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Goalpara. 12) With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant