Page No.# 1/2 GAHC010176392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./993/2025 RAFIQUE HUSSAIN SON OF TAHER ALI R/O KATIYADALONG, NEAR EIDGAH PATH, HATIGAON, GUWAHATI-38, P.S. HATIGAON, DIST. KAMRUP (METRO), ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.10.2025 Heard Mr. N J Dutta, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed u/s 528 of the BNSS, 2023 in respect of NDPS Case No. 162/2023 pending in the Court of the learned Additional Page No.# 2/2 Sessions Judge No. 5, Kamrup (Metro), Guwahati, Assam. 3. The petitioner Rafique Hussain has been shown as absconder in the charge-sheet and therefore, the Trial Court issued non-bailable warrant of arrest against him. 4. Mr. Sarma has objected to this application on the ground that the petitioner did not co-operate with the Investigating Officer during investigation of the case. Therefore, the Trial Court issued non-bailable warrant of arrest against him. 5. Mr. Dutta has submitted that the petitioner is interested in facing the trial and therefore, he should be given an opportunity to face the trial. 6. I have considered the submission made by the learned counsel of both sides. I have decided to agree with Mr. Dutta. 7. Since the petitioner is interested in facing the trial, the petitioner deserves to be given one opportunity to that effect. The order directing issue of non- bailable warrant of arrest against the petitioner Rafique Hussain shall be recalled. 8. It is hereby directed that the petitioner Rafique Hussain shall appear before the court of the learned Additional Sessions Judge No. 5, Kamrup(Metro), Guwahati and on his appearance he shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge No. 5, Kamrup(Metro), Guwahati With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant