Page No.# 1/3 GAHC010189212025 2025:GAU-AS:11797 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1057/2025 SOMER ALI AND ANR S/O LT. JAMIR ALI R/O VILL- 5 NO. BARAMBOI, NATUN CHARABARI BEEL PAAR, P.S. HAJO PIN-781102, DIST. KAMRUP, ASSAM 2: NOOR ISLAM S/O JAKIR ALI RESIDENT OF VILL- 5 NO. BARAMBOI NATUN CHARABARI BEEL PAAR P.S. HAJO PIN-781102 DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:KAYAM ALI S/O HAKIM ALI VILL- KHOPONIKUCHI P.S. HAJO DIST. KAMRUP ASSA Advocate for the Petitioner : MS. T SOM, MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA Page No.# 2/3 O R D E R Date : 02.09.2025. Heard Ms. T. Som, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1. This is an application under Section 528 of the BNSS, 2023, praying for setting aside the impugned orders dated 07.03.2025, 22.04.2025, 13.06.2025 and 29.07.2025, passed by the learned Addl. District & Sessions Judge, Kamrup in Sessions Case No.122/2024. It is submitted by Ms. T. Som, learned counsel for the petitioners that both the present petitioners were represented by their engaged counsel regularly but since 07.03.2025, due to miscommunication with their engaged counsel, steps could not be taken for them, for which they were defaulted on four occasions and NBWA were issued against both the petitioners. But they are ready and willing to appear before the learned Trial Court and to contest the case, if they are provided with some interim protection. In that context, Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State respondent submitted that the petitioners may be directed to appear before the learned Trial Court below without any interim protection and their application for bail will be considered in accordance with the law. Hearing the entire submissions made by the learned counsel for both sides, I have also perused the annexure filed along with the petition, specially the order sheets and it is seen that considering the absence of the accused petitioners on four occasions, the NBWA were issued. However, considering all aspects of the Page No.# 3/3 case, I hereby direct both the petitioners to appear before the learned Trial Court with an appropriate application for bail, which may be considered in accordance with law. However, till the next date of listing i.e. 10.09.2025, the NBWA issued against the present accused petitioners may be kept in abayance. With the above observation, this petition stands disposed. JUDGE Comparing Assistant