Page No.# 1/3 GAHC010097832025 2025:GAU-AS:6124 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./173/2025 AKABBAR ALI S/O LT. AHEMED ALI R/O VILL- 1 NO. BORBORI, W/NO. 3, P.S.LAHARIGHA DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MUSSTT JAUHURA KHATUN R/O VILL- 1 NO. BORBORI W/NO. 3 P.S.LAHARIGHAT DIST. MORIGAON ASSAM PIN-78212 Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MR. W A SHEIKH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16.05.2025 1. Heard Mr. M. A. Sheikh, 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 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the Orders dated 08.04.2025 and 10.04.2025. 3. The petitioner Md. Akabbar Ali is facing trial in POCSO Case NO.22/2022, pending in the Court of the learned Special Judge, Morigaon. 4. Initially when he appeared before the Trial Court, he was granted bail and he was attempting the trial. On 08.04.2025, the petitioner could not appear before the Trial court for his illness. He filed an application, the learned Trial Court rejected the prayer on the ground that the said application was not accompanied by any medical documents. The Trial Court directed issue of non-bailable warrant of arrest against the present petitioner. 5. On 10.04.2025, as the petitioner was absent in the Court, the Trial Court directed issue of non-bailable warrant of arrest against the present petitioner. 6. The learned Additional Public Prosecutor has submitted that the allegation against the present petitioner is heinous one, therefore he should not be granted any relief by this Court. 7. I have considered the submissions made by learned counsel for both the sides. Page No.# 3/3 8. The petitioner Md. Akabbar Ali has been facing trial regularly and on medical ground he could not appear before the Trial Court on 08.04.2025, since no medical documents were filed in support of his application, his prayer was rejected and the Trial Court directed issue of non-bailable warrant of arrest against the petitioner. 9. Under the given circumstance, this Court is of the opinion that since the petitioner has been facing trial, he deserves to be given adequate opportunity to contest the case. 10. Therefore, the prayer made by the petitioner is allowed. 11. The Orders directing issue of non-bailable warrant of arrest against the present petitioner Md. Akabbar Ali are set aside. The warrant of arrest, if issued, shall be recalled. 12. The petitioner Md. Akabbar Ali is directed to appear before the Trial Court on 22.05.2025. 13. On his appearance, he shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Morigaon in POCSO Case No.22/2022. 14. Therefore, the Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant