Page No.# 1/4 GAHC010119772025 2025:GAU-AS:7454 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1262/2025 ABDUL KAIYUM ALIAS ABDUL KAYOM AND 4 ORS. S/O LATE MOKBUL HUSSAIN R/O VILL- KESHARVITA, JHOWDANGA P.O. JHOWDANGA P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 2: ROHIM BADSHA S/O JOMURUDDIN R/O VILL- KESHARVITA JHOWDANGA P.O. JHOWDANGA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131 3: NUR KALAM @ ABDUL KALAM S/OLATE MOKBUL HUSSAIN R/O VILL- KESHARVITA JHOWDANGA P.O. JHOWDANGA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-783131 4: SOPIKUL ISLAM @ SOFIQUL ISLAM S/O LATE MOKBUL HUSSAIN R/O VILL- KESHARVITA JHOWDANGA P.O. JHOWDANGA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM Page No.# 2/4 PIN-78313 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 06.06.2025 1. Heard Mr. M. Islam, the learned counsel for the petitioners. Also heard Ms. N. Das, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioners, namely, 1. Abdul Kaiyam @Abdul Kayom, 2. Rohim Badsha, 3. Nur Kalam @Abdul Kalam and 4. Sopikul Islam @Sofiqul Islam, who are apprehending that they may be remanded to custody if they appear before the Trial Court, in pursuant to the summons received by them in PRC Case No. 1596/2023 under Section 366(A)/34 of the Indian Penal Code, 1860. 3. The learned counsel for the petitioners has submitted that since the petitioners are shown as absconders in the charge sheet, they apprehend that on their appearance before the Trial Court, they may be Page No.# 3/4 remanded to custody. 4. I have considered the submissions made by the learned counsel for both sides and have perused the materials available on record. It appears that the charge sheet against the petitioners is filed under Section 366(A) of the Indian Penal Code, 1860 for which the maximum punishment prescribed is imprisonment which may extend to 10(ten) years. Though the petitioners are apprehending that they may be remanded to custody, as their names has been shown as absconder in the charge sheet, however, this Court finds no justification in such apprehension of the petitioners. 5. It appears that in spite of the fact that the names of the petitioners are shown as absconder in the charge sheet, the Trial Court has rightly issued only summons to them and has fixed next date of appearance on 11.08.2025. Since the maximum punishment prescribed for the offence under Section 366(A) of the Indian Penal Code, 1860 is only up to 10(ten) years, the Trial Court has no restrictions in granting bail to the petitioners and therefore, the apprehension of the petitioners does not have any basis. 6. For the aforesaid reasons, no case is made out under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, the same is dismissed. 7. The above-named petitioners are hereby directed to appear before the Trial Court on the next date fixed. They may file regular bail application on their appearance before the Trial Court on the next date Page No.# 4/4 fixed. JUDGE Comparing Assistant