Page No.# 1/5 GAHC010210292024 2025:GAU-AS:6873 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1260/2024 MD. MANTUL ALI AND ANR S/O MD. CHAND MAHMUD ALI R/O VILL- SOLMARI P.S. BAIHATA CHARIAI DIST. KAMRUP, ASSAM 2: MD. RIJU ALI S/O MD. CHAND MAHMUD ALI R/O VILL- SOLMARI P.S. BAIHATA CHARIALI DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MISS. SUMIMA BEGUM (INFORMANT) D/O MD. SAFIQUE ALI VILL- SUNARISAL (BLIKUCHI) P.S. BIHATA CHARIALI DIST. KAMRUP ASSAM PIN-78135 Advocate for the Petitioner : MR. T DEURI, J RABHA Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 28-05-2025 Heard Mr. T. Deuri, learned counsel for the petitioners and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 2. The petitioners, namely, (i) Md. Mantul Ali and (ii) Md. Riju Ali, both sons of Md. Chand Mahmud Ali, both residents of Village-Solmari, Police Station-Baihata Chariali, District-Kamrup, Assam have filed this application on 30.10.2024 under Section 528 BNSS, 2023, praying amongst others, to enlarge them on bail by recalling the orders dated 22.05.2017 and 29.07.2019, whereby Non-Bailable Warrant of Arrests (NBWAs) were issued against them in connection with G.R. Case No.314/2014 under Sections 366A/354(A)/376/511 IPC, presently pending before the Court of learned Judicial Magistrate, First Class, Rangia, Kamrup. 3. In a complaint case lodged by the opposite party No.2, being Case No.109CR/2014, before the Court of learned Sub-Divisional Judicial Magistrate, Rangia, Kamrup, both the petitioners are made accused under Sections 366(A)/354(A)/376/511 IPC. 4. Subsequently, the said complaint case was registered as Baihata Chariali P.S. Case No.75/2014 under Sections 366(A)/354(A)/376/511 IPC corresponding to G.R. No. 314/2014. 5. After recording of the statement of the victim girl and on completion of the investigation, Charge-Sheet in said Baihata Chariali P.S. Case No.75/2014 was filed on Page No.# 3/5 28.05.2014 vide C.S. No. 70/2014 under Sections 366(A)/354(A)/376/511 IPC against both the petitioners stating that they evaded arrest and did not appear before the concerned Investigating Officer during the investigation of the case and showed them to be absconding. 6. The Court of learned Judicial Magistrate, First Class (JMFC), Rangia, Kamrup in said G.R. Case. No. 314/2014 on 17.07.2015 took cognizance of the offences under Sections 366(A)/354(A)/376/511 IPC against the petitioners and issued summons to them for their appearance. 7. Due to non-appearance of the petitioners in the case, the learned JMFC, Rangia, Kamrup in said G.R. Case No. 314/2014 by order dated 22.05.2017 issued Non Bailable Warrant of Arrest (NBWA) against them. Prior to that the learned JMFC, Rangia, Kamrup issued Bailable Warrant of Arrest (BWA) against the petitioners for their appearance in the matter. 8. As the petitioners did not appear before the Court of learned JMFC, Rangia, Kamrup on various dates, the learned JMFC, Rangia, Kamrup in said G.R. Case No. 314/2014 issued orders of NBWAs against the petitioners for their appearance and the said G.R. Case is still pending at the appearance stage of the petitioners. 9. It is submitted by the petitioners that they are willing to appear before the learned JMFC, Rangia, Kamrup in said G.R. Case No. 314/2014 and that the said G.R. Case No. 314/2014 is now fixed on 24.07.2025. 10. It is also submitted on behalf of the petitioners that as the orders of NBWAs issued against both the petitioners are in force, they are of the apprehension that, if they appear before the Court of learned JMFC, Rangia, Kamrup on 24.07.2025 in said G.R. Case No. 314/2014, they may be apprehended and detained in custody. 11. After hearing the learned counsels for the parties and considering the materials in the record, both the petitioners, (i) Md. Mantul Ali and (ii) Md. Riju Ali, both are sons of Md. Chand Mahmud Ali are directed to appear before the Court of learned Page No.# 4/5 Judicial Magistrate, First Class, Rangia, Kamrup in said G.R. Case No. 314/2014, on or before 11.06.2025 and to file appropriate application for recalling the orders, whereby NBWAs were issued against them and also for their bail. 12. In the event of appearing before the Court of learned Judicial Magistrate, First Class, Rangia, Kamrup on or before 11.06.2025 in said G.R. Case No. 314/2014 and in the event of filing any such appropriate application by the petitioners individually and/or jointly for recalling the orders of NBWAs issued vide orders dated 22.05.2017 and 29.07.2019 in said G.R. Case No. 314/2014 and also for bail, the learned Judicial Magistrate, First Class, Rangia, Kamrup shall consider such applications of the petitioners in accordance with law. 13. 13. While considering the bail applications of the petitioners, if any, in said G.R. Case No. 314/2014, the learned Judicial Magistrate, First Class, Rangia, Kamrup shall pass any such order as it deems fit and proper securing the presence of the petitioners, named above, in said G.R. Case No. 314/2014, on the dates it is fixed and during trial of the case till conclusion of said G.R. Case No. 314/2014. 14. To facilitate the petitioners to appear before the Court of learned Judicial Magistrate, First Class, Rangia, Kamrup on or before 11.06.2025 in said G.R. Case No. 314/2014, it is directed that the NBWA issued vide orders dated 22.05.2017 and 29.07.2019 against the petitioners in said G.R. Case No. 314/2014, shall not be given effect to upto 11.06.2025. 15. However, if the petitioners failed to appear before the Court of learned Judicial Magistrate, First Class, Rangia, Kamrup on or before 11.06.2025 and thereafter, in said G.R. Case No. 314/2014, the learned JMFC, Rangia, Kamrup shall be at liberty to pass any such order, as it deems fit and proper for the appearance of the petitioners in said G.R. Case. 16. It is made clear that the interim protection granted to the petitioners, noted above, is only up to 11.06.2025 and it shall not be extended beyond the said period, Page No.# 5/5 i.e., 11.06.2025, considering the fact that this order has been passed in presence of the learned counsel for the petitioners. 17. With the above observations and directions, this Criminal Petition stands disposed of. JUDGE Comparing Assistant