Page No.# 1/3 GAHC010151762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./815/2025 SHAROF ALI AND ANR SON OF ABBAS ALI VILL- B AGHBAR DIST. BARPETA, ASSAM 2: ATOWAR ALI S/O ABBAS ALI VILL- PAHARPUR KATOLI P.S. BAGHBOR DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:BASAR ALI S/O AFAZ UDDIN VILL- PAHARPUR KATOLI P.S. BAGHBAR DIST. BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 18.07.2025 Heard Mr. M. Hussain, the learned counsel appearing for the petitioners. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This application has been filed under Section 528 of the BNSS, 2023 in respect of PRC Case No.2740/2023. 3. Both the petitioners Sharof Ali and Atowar Ali have been shown as absconders in the charge sheet alleging commission of Sessions triable offence. Petitioners apprehend that if they appear before the court of learned SDJM(S), Barpeta, they shall be remanded to custody as the said court does not have the jurisdiction to entertain their bail application. 4. The petitioners claim that they have been unnecessarily arraigned in this case. Now, they are ready and willing to contest the case and pray for giving them an opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since, the petitioners intend to contest the case, this Court is of the opinion that they should be given one opportunity to defend themselves. Therefore, their application is allowed. 7. The petitioners Sharof Ali and Atowar Ali are directed to appear before the court of learned SDJM(S), Barpeta in respect of PRC Case No.2740/2023 and on their appearance, they shall be released on bail of ₹20,000/- each with sureties of the like amount to the satisfaction of the learned SDJM(S), Barpeta. Page No.# 3/3 8. The above named petitioners are also directed to appear before the trial court on each and every date of hearing. If they fail to do so, the trial court shall have the liberty to procure their attendance with due process of law. With the aforesaid direction, the instant Criminal Petition is disposed of. JUDGE Comparing Assistant