Page No.# 1/4 GAHC010189312025 2025:GAU-AS:11590 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1050/2025 MOTI RAM ALAIS MOTHI RAM S/O LALA RAM R/O VILL- HURIYA KHURUD, P.S.MANDAN,DIST. BHAROR, STATE- RAJASTHAN PRESENTLY RESIDING AT VILL- DIPRANG, P.O. BARPAK, P.S.MAYONG, DIST. MORIGAON, ASSAM, PIN-782411 VERSUS THE STATE OF ASSAM REP BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MR. S D ROY, MR. C DAS,R BARMAN,MS K DEKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 29-08-2025 Heard Mr. S. D. Roy, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application under Section 528 of the BNSS praying for recalling the order dated 05.08.2025 passed by the learned Additional Sessions Judge, Morigaon in Sessions Case No. 52/2015 under Section 366(A) IPC whereby Non Page No.# 2/4 Bailable Warrant of Arrest (NBWA) and Proclamation and Attachment (P&A) was issued against the petitioner. 3. It is submitted by Mr. Roy, learned counsel that the petitioner is innocent and he has not committed any such offence as alleged in the FIR. More so, from the statement of the victim recorded under Section 164 CrPC also reflect that she voluntarily eloped with the present petitioner out of love affair. However, after he is being charge sheeted, the petitioner was reguarly appearing before the learned Trial Court and the case was also fixed for evidence. But even after several dates, the victim did not appear to adduce her evidence and from reliable source it was learnt that she was married to another place for which she defaulted. 4. In the meantime, the petitioner had left for his native place at Rajasthan and as he did not have any communication with the counsel he could not appear before the learned Trial Court, for which NBWA was issued against him. As the NBWA could not be executed, the learned Sessions Judge had issued P&A against the present petitioner. 5. However, on coming to know about the present circumstances of this case, the petitioner is ready and willing to appear before the learned Sessions Judge and to contest the case accordingly, if he is provided with some interim protection. 6. Mr. Sarma, learned Addl. PP submitted in this regard that after the case being charge sheeted, the petitioner appeared before the learned Trial Court on 2/3 occasions and thereafter, he is absconding since 2015 and considering his long absence, the learned Sessions Judge had issued NBWA against the petitioner and considering the conduct of the petitioner, his prayer may not be Page No.# 3/4 considered at this stage. 7. Heard the submissions made by the learned counsel for the parties and I have also perused the case record and the annexures filed along with this, specially the order sheets. 8. It is an admitted fact that after filing of the charge sheet, the petitioner was appearing for some occasion, but thereafter, he remained absent for a considerable period and the NBWA was issued against him since 2015 and finally in the year 2019 P&A was issued against the petitioner. 9. Thus, it is seen that the learned Court below had took all the endeavour to procure the attendance of the petitioner, but since last 10 years, the accused is absconding which also delayed the proceeding. 10. Considering all these aspects and the conduct of the petitioner, I find no reason to pass any order of interim protection to the petitioner. 11. However, the petitioner is at liberty to appear before the learned Trial Court with an appropriate application for bail, which may be considered in accordance with law. 12. Accordingly, I do not find any infirmity and irregularity committed by the learned Trial Court in passing the order. 13. With the above observation, this criminal petition stands dismissed. JUDGE Page No.# 4/4 Comparing Assistant