Page No.# 1/3 GAHC010151562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./810/2025 NATHURAM RAJBONGSHI S/O- SHAMBHU RAJBONGSHI , R/O- ANANDA NAGAR MAJORBARI, P.O- BHUTHBARI BAZER , P.S- SILAPATHAR, DIST- DHEMAJI, PIN-787059, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MAYARANI DAS W/O- GANESH BARUAH VILL- SILAPATHAR PWD COLONY P.O AND P.S- SILAPATHAR DIST- DHEMAJI ASSAM PIN-78705 Advocate for the Petitioner : MR A ALIM SK, S S AHMED,A A AHMED,MR. A W MONDAL,MS. N NASRIN,MR. M U MONDAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 17.07.2025 Heard Mr. M.U Mondal, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. This is an application u/s 528 of BNSS, 2023, in respect of Special POCSO Case No.06/2025, pending in the Court of learned Special Judge, Dhemaji. The present petitioner namely Nathuram Rajbongshi has been shown as an absconder in the charge-sheet. On 15.02.2025, the case was posted before the learned Special Judge, Dhemaji for the first time and on that day, non- bailable warrant of arrest was directed to be issued against the petitioner Nathuram Rajbongshi. The warrant did not return with service report. Therefore, the trial court directed issue of P&A against the present petitioner that was also not served. Therefore, the case against the present petitioner Nathuram Rajbongshi was filed after declaring him to be a proclaimed offender. The petitioner has submitted that he wants to contest the case and therefore he should be given some opportunity to that effect. Mr. Goswami, learned Additional Public Prosecutor appearing for the State of Assam has objected to this bail application. I have considered the submissions made by the learned counsel on both sides. After the case was received for disposal by the learned trial court, first summons should have been issued instead of non-bailable warrant of arrest, Page No.# 3/3 even if the petitioner was shown as an absconder in the charge-sheet that was a wrong committed by learned trial court. Be that as it may, since the petitioner is interested in facing the trial, this Court is of the opinion that he deserves to be given adequate opportunity to that effect. Therefore, all orders directing issue of non-bailable warrant of arrest and P&A against the present petitioner are set aside. The petitioner is directed to appear before the trial court on 12.08.2025. On his appearance, he shall be released on bail of Rs.25,000/- (Rupees twenty five thousand only) with a surety of like amount to the satisfaction of the learned Special Judge, Dhemaji. It is further directed that the petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so without showing satisfactory reasons, the trial court shall have the liberty to procure his attendance by due process of law. With the aforesaid directions, the present criminal petition is disposed of. JUDGE Comparing Assistant