Page No.# 1/3 GAHC010096142025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./542/2025 RAKIBUL ISLAM @ RAKIBUL ALI S/O KADER ALI VILL-BHELLA, P.S. BARPETA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:RAHIJ UDDIN S/O LATE RAHIM UDDIN VILL AND P.O. PALHAZI P.S. AND DIST. BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. R ALI, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.05.2025 1. Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. B. Sharma, 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 the Special POCSO Case No.130/2022, arising out of Barpeta P.S. Case No.727/2019. 3. Since the petitioner Rakibul Islam @ Rakibul Ali has been shown as an absconder in the Charge-Sheet, therefore the Trial Court declared him to be a proclaimed offender. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and to prove his case and therefore he may be given adequate opportunity to that effect. Since he has been proclaimed as an offender by the Trial Court, he apprehends that he shall be remanded to custody, if he appears before the Trial Court. 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 adequate opportunity to that effect for the ends of justice. 7. Therefore the application filed by the petitioner is allowed. 8. It is hereby directed that all orders issuing of non-bailable warrant of arrest and Page No.# 3/3 P&A against the present petitioner Rakibul Islam @ Rakibul Ali by the learned Additional Sessions Judge-Cum-Special Judge (POCSO), Barpeta in Special POCSO Case No.130/2022 are set aside. 9. The petitioner Rakibul Islam @ Rakibul Ali is directed to appear before the Trial Court of learned Additional Sessions Judge-Cum-Special Judge (POCSO), Barpeta in respect of the Special POCSO Case No.130/2022 (arising out of Barpeta P.S. Case No.727/2019) on 19.05.2025. 10. On his appearance, the petitioner Rakibul Islam @ Rakibul Ali shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge-Cum-Special Judge (POCSO), Barpeta, Assam. 11. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant