Page No.# 1/3 GAHC010193762025 2025:GAU-AS:11798 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1056/2025 ASMAT ALI S/O- LATE IBRAHIM ALI, R/O- AKAAMADHURI PATHAR, VTC, NO. 2 SILAPATHAR BLOCK, P.O. SILAPATHAR, DIST. DHEMAJI, ASSAM, PIN- 787059, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:SRIMATI BARMALI GOGOI BLOCK DEVELOPMENT OFFICER SISSIBORGAON DEVELOPMENT BLOCK DHEMAJI Advocate for the Petitioner : MR. P MAJUMDAR, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 02.09.2025. Heard Mr. P. Majumdar, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1. Page No.# 2/3 This is an application under Section 528 of the BNSS, 2023, praying for setting aside the order of issuance of the NBWA against the petitioner dated 20.08.2025, by the Court of learned Chief Judicial Magistrate, Dhemaji in PRC Case No.263/2024. During the course of deliberation, it is submitted by Mr. Majumdar, learned counsel for the petitioner that the present petitioner is innocent and no way connected with the offence alleged. During the inquiry, the house which was allotted in the name of the petitioner was not constructed due to his health issue. But subsequently utilizing the Government fund, he already constructed the house. But he was never searched during the investigation and hence, he was not aware about the pendency of this case. However, one bailable warrant of arrest was received by the petitioner but due to his illness, as he was suffering from some abdominal issues, he could not appear before the learned Trial Court. At present, the NBWA is issued against the present petitioner but he is ready and willing to appear before the learned Trial Court and to contest the case, if he is provided with some interim protection. Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State respondent submitted in this regard that even after receipt of the bailable warrant of arrest, the accused petitioner remained absent for which the NBWA had to be issued against him and thus, there is no illegality in the order passed by the learned Trial Court. However, the accused petitioner may be directed to appear before the learned Trial Court below with an appropriate application for bail. But he may not be provided with any interim protection. Hearing the entire submissions made by the learned counsel for the parties, I Page No.# 3/3 have also perused the case record and the annexure filed along with the present petition. It is seen that the bailable warrant was duly executed on the present petitioner but in spite of that, he remained absent from appearing before the Court and accordingly, the Trial Court had to issue the NBWA against him. However, the petitioner took the plea that he was suffering from acute abdominal pain, for which he could not appear before the Court. In the same time, it is also pleaded that he was never searched by police during the investigation of the case. Considering all these aspect of the case, I find it a fit case to extent some interim protection to the present petitioner. Accordingly, the petitioner is directed to appear before the learned Trial Court below with an appropriate application for bail, on or before 16.09.2025 and will pray for regular bail, which may be considered in accordance with the law. Further, till 16.09.2025, the NBWA issued against the present petitioner will be stayed/suspended. With the above observation, this petition stands disposed. JUDGE Comparing Assistant