Page No.# 1/4 GAHC010179032025 2025:GAU-AS:10961 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./994/2025 MD SAFIKUL ALI SON OF AHAMAD ALI R/O IVLL- BARKHOLA P.S. SARTHEBARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMTI. MONIKA ROY W/O AMARENDRA ROY VILL- KAURIABHASA P.S. KOKRAJHAR DIST. KOKRAJHAR ASSAM PIN-78336 Advocate for the Petitioner : MR S H SIKDAR, MD IMRAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 18.08.2025 Page No.# 2/4 Heard Mr. S.H. Sikdar, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. 2. The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred to assail an Order dated 04.07.2025 passed by the Court of learned Sessions Judge, Kokrajhar [‘Trial Court’, for short] in Sessions Case no. T.2/129/2023. 3. It was the respondent no. 2 who as the informant, lodged a First Information Report [FIR] before the In-Charge, Salakati Police Out Post, Salakati on 19.08.2020 alleging inter-alia that the petitioner on 30.06.2020 kidnapped the informant’s daughter and kept her in a rented house at Pathsala area. On receipt of the FIR, the In-Charge, Salakati Out Post registered General Diary Entry no. 409 on 19.08.2020 and forwarded the FIR to the Officer In-Charge, Kokrajhar Police Station for registering a case. The In-Charge, Salakati Out Post had, in the meantime, took up investigation of the case. 4. On receipt of the FIR, the Officer In-Charge, Kokrajhar Police Station registered the same as Kokrajhar Police Station Case no. 461/2020 under Sections 360/420, Indian Penal Code [IPC]. Upon conclusion of investigation, the Investigating Officer [I.O.] of the case submitted a charge-sheet under Section 173[2], Code of Criminal Procedure [CrPC] vide Charge-Sheet no. 44/2022 on 28.02.2022 finding a prima facie case against the petitioner for the offences under Suctions 420/366/376, IPC. 5. On submission of the Charge-Sheet and after commitment, the case has been registered as Sessions Case no. T.2/129/2023 before the Trial Court. On 11.10.2023, charges against the petitioner as the accused were framed under Section 366 and Section 376, IPC. When the charges were read over and explained to the petitioner as the accused, he pleaded not guilty and claimed to be tried. 6. It has been submitted on behalf of the petitioner that the petitioner as the accused was regularly participating in the proceedings in Sessions Case no. T.2/129/2023. Two nos. of Page No.# 3/4 prosecution witnesses were already examined on behalf of the prosecution side. The petitioner has stated that on 04.07.2025, his wife was suffering from serious illness and there was no person to look after his wife in his family except the petitioner. The petitioner has further stated that he requested his engaged counsel to take steps on his behalf on 04.07.2025 before the Trial Court but the learned engaged counsel did not take any steps. There was some miscommunication between the petitioner and the engaged counsel. 7. The Order dated 04.07.2025 passed by the Trial Court reads as under:- 04.07.2025 Accused Safikul Ali is absent without any steps. Issue NBWA against the accused and notice to bailor. Fixing 20.08.2025 for appearance and report. 8. From the Order dated 04.07.2025, it can be noticed that the petitioner was found absent on that day without taking any steps. Recording absence of the petitioner, the Trial Court ordered issuance of Non-Bailable Warrant of Arrest [NBWA] against the petitioner and notice to bailor, fixing the case on 20.08.2025 for appearance and report. 9. It is submitted on behalf of the petitioner that there was singular default on the part of the petitioner to appear before the Trial Court on 04.07.2025. The petitioner has further submitted that he is ready and willing to participate regularly in the proceedings of Sessions Case no. T.2/129/2023. The petitioner is apprehending that he might be taken into custody, in the meantime, in execution of the NBWA issued against him on 04.07.2025, which will bring serious consequence to him. 10. As the petitioner has undertaken to participate in the further proceedings of Sessions Case no. T.2/129/2023, this Court is of the view that the NBWA issued against the petitioner on 04.07.2025 can be kept in abeyance for a limited period so that the petitioner can appear Page No.# 4/4 before the Trial Court on 20.08.2025 without the apprehension being taken into custody, in the meantime, in execution of the NBWA. Regular participation of the petitioner as the accused in Sessions Case no. T.2/129/2023 will facilitate an expeditious conclusion of the trial. 11. It is, therefore, ordered that the NBWA issued against the petitioner on 04.07.2025 shall remain in abeyance till 20.08.2025 so that the petitioner can appear before the Trial Court on 20.08.2025 without the apprehension being taken into custody till then. If the petitioner upon his appearance before the Trial Court on 20.08.2025 submits an application for recalling the NBWA issued against him, the Trial Court shall consider the same on its own merits and in accordance with law and also taking into consideration that participation of the petitioner in the proceedings of Sessions Case no. T.2/129/2023 is in the best interest of all the stakeholders. 12. The criminal petition is disposed of in the afore-stated terms. No cost. JUDGE Comparing Assistant