Page No.# 1/3 GAHC010150742025 2025:GAU-AS:9258 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./819/2025 SAHIDUL ISLAM @ SAIDUL HAQUE S/O- CHENI ALI, VILL.- PANIKHAITI PAKHIMORIYA, P.S.-NAGAON SADAR, DIST.- NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP ASSAM 2:MARYAM NESSA D/O- NURUL AMIN. VILL.- BELGURI P.S.- RUPAHIHAT DIST.- NAGAON ASSAM Advocate for the Petitioner : MR A K AZAD, MR. I HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.07.2025 1. Heard Mr. A. K. Azad, learned counsel for the petitioner. Also heard Mr. R. G. Baruah, 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 PRC Case No.2189/2022, pending in the Court of the learned Chief Judicial Magistrate, Nagaon, Assam. Page No.# 2/3 3. After filing of the Charge-Sheet, the Trial Court allowed the petitioner to go on bail, thereafter he did not appear before the Trial Court that is why learned Chief Judicial Magisrate, Nagaon directed issue of non-bailable warrant of arrest against him. 4. Learned Additional Public Prosecutor has pointed out that when the summons was issued to the petitioner, his father informed Police that his son was staying at Hydrabad. According to the learned Additional Public Prosecutor, since the father knew the address of his son, he must have informed the petitioner therefore, learned Additional Public Prosecutor has objected to this bail application on the ground that there is nothing wrong in the order of the learned Chief Judicial Magisrate, Nagaon. 5. Learned counsel for the petitioner has submitted that the petitioner had gone to Hydrabad in search of work and his father informed him about this case that is why he has returned to Assam to appear in this case. The petitioner submits that since the Charge-Sheet has been filed alleging commission of sessions triable offences, he shall not be released on bail by the learned Chief Judicial Magistrate, Nagaon because this Court does not have the jurisdiction to entertain his bail application. 6. The petitioner submits that he is interested in facing the trial, therefore he deserves to be given adequate opportunity to that effect. 7. I have considered the submissions made by learned counsel for both the sides. 8. Since the petitioner is interested in facing the trial, he deserves to be given some opportunity to that effect. Page No.# 3/3 9. Therefore his application is allowed. 10. The petitioner is directed to appear before the learned Chief Judicial Magistrate, Nagaon in respect of PRC Case No.2189/2022 within next 10(ten) days from today, on his appearance, the petitioner, Sahidul Islam @ Saidul Haque shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon. 11. The petitioner is directed appear regularly before the Trial Court on each and every date of hearing, if he fails to do so without showing sufficient satisfactory reasons, the Trial Court shall have the liberty to procure his attendance by due process of law. 12. With the aforesaid direction, the Criminal Petition is disposed of. JUDGE Comparing Assistant