Page No.# 1/3 GAHC010144292025 2025:GAU-AS:8790 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1515/2025 ABUBAKKAR MAHBUB HASAN LASKAR S/O- RAMIJ UDDIN LASKAR. R/O- VILL.- KACHUDARAM, PART-IV, P.S.- SONAI, DIST.- CACHAR, ASSAM 2: NIYAJUL HAQUE BARBHUIYA. S/O- ABDUL HAQUE BARBHUIYA. R/O- VILL.- KACHUDARAM PART-IV P.S.- SONAI DIST.- CACHAR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, R. DEKA,MR. I U CHOWDHURY,MR. R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 27-06-2025 Page No.# 2/3 Heard Mr. I.U. Chowdhury, the learned counsel for the petitioner. Also heard Mr. B. Sharma, the learned Addl. Public Prosecutor appearing on behalf of the State respondent. 2. This is an application u/s 482 of the BNSS, 2023 for granting pre-arrest bail to the petitioners in connection with PRC Case No. 1906 of 2022 pending before the learned Court of Civil Judge Jr Div cum JMFC, Cachar, Silcahar, arising out of Kachudaram P.S. Case No. 79/2013, u/s 365/376/506/34 of IPC r/w Sec 67 of IT Act. 3. It is submitted by Mr. Chowdhury, the learned counsel for the petitioners that the present two petitioners are innocent and they are not involved with the alleged offence. They are not at all aware about the lodging of the FIR as the police never searched for them during the entire course of investigation though they were all along present in their own house. However, after receiving summons they have come to know about the pendency of this case against them and accordingly they appeared through their learned counsel but their appearance was not accepted by the learned Trial Court below and subsequently issued BWA against the present petitioners. However, they are ready and willing to contest the case by appearing before the learned Trial Court below on each and every date to be fixed by the learned Trial Court below, if they are provided with some interim protection. 4. Mr. Sharma, the learned Additional Public Prosecutor submitted in this regard that these two petitioners are the main accused and they absconded at the time of investigation which reflected in the charge-sheet filed against them and for which they are shown as absconder in the charge-sheet. However, Mr. Sharma submits that they may be directed to appear before the learned Trial Page No.# 3/3 Court below with an appropriate application for bail. 5. Considering the submissions made by learned counsel for both sides and perusing the case records, especially the Order Sheet filed by the petitioners, I direct the petitioners to appear before the learned Trial Court below on or before 08.07.2025 with an appropriate application for bail, which may be considered as per law. However till 08.07.2025, the Bailable Warrant of arrest issued against the petitioner be suspended/stayed. 6. With the above observations, the above case is disposed of at the motion stage. JUDGE Comparing Assistant