Page No.# 1/3 GAHC010098432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1050/2025 KUDDUS ALI ALIAS KUDDUS ALI SK S/O LATE ALA UDDIN SK. R/O VILL-SONAKHULI PART-I,P.S. GOLAKGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MRS. K DEVI, MS S A KHALIFA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 13.05.2025 1. Heard Ms. K. Devi, the learned counsel for the petitioner. Also heard Mr. R. J. Baruah, the learned Additional Public Prosecutor for the State respondent. 2. This application has been filed by the petitioner, namely, Kuddus Ali @ Kuddus Ali Sk, under Section 438 of the Code of Criminal Procedure, 1973, who is apprehending his arrest in connection with PRC Case No. 801/2022. Page No.# 2/3 3. Since the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been come into effect since 01.07.2024, this application is treated to be an application under Section 482 of BNSS, 2023. 4. The learned counsel for the petitioner has submitted that the petitioner was earlier granted interim protection in connection with Golakganj P. S. Case No.1203/2021 by a Coordinate Bench of this Court in Anticipatory Bail No. 631/2024 on 04.03.2022. 5. She submits that after getting interim protection, he had appeared before the Investigation Officer and his statement was recorded by the Investigation Officer. 6. She submits that after filing of the charge-sheet against the petitioner, the Court of learned Judicial Magistrate First Class, Dhubri had issued summons to the petitioner and, thereafter, bailable warrant and finally non-bailable warrant against him. 7. The learned counsel for the petitioner submits that the petitioner could not appear before the Trial Court as he was suffering from ailment and in support of her submission, she has submitted medical documents. 8. She also submits that the petitioner is ready to face trial and he had also cooperated in the investigation. 9. On the other hand, the learned Additional Public Prosecutor has opposed the grant of bail to the petitioner on the ground that the petitioner has intentionally avoided the processes of Court. 10. He submits that the record shows that the summons issued to the petitioner was duly served on him and thereafter, even bailable warrant were also issued, however, in spite of receipt of summons, the petitioner had failed to appear. Page No.# 3/3 11. I have considered the submissions made by the learned counsel for both the sides and have gone through the materials available on record. 12. Though, the petitioner had failed to appear before the Trial Court when the said Court issued summons to him, however, as he is ready to face trial and the next date of the PRC Case No.801/2022 is fixed on 10.06.2025, the petitioner is directed to appear before the Trial Court/Committal Court on 10.06.2025. If he does so on the said day, he shall be allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount to the satisfaction of the Trial Court. If he fails to appear before the Trial Court on the said date, this order shall have no effect and the Trial Court may issue fresh non-bailable warrant against him. 13. With the above observation, this anticipatory bail application is disposed of. JUDGE Comparing Assistant