Page No.# 1/3 GAHC010213042024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1263/2024 MD. RAHUL AMIN AND ANR S/O SAMSUL ISLAM, R/O VILL- HARIPUR, P.S.-LALUK, DIST- LAKHIMPUR, ASSAM 2: MD. MOTIBUR RAHMAN S/O JOYNAL ABDDIN R/O VILL- HARIPUR P.S.-LALUK DIST- LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 21.02.2025 Heard Mr. B. Chowdhury, the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam representing the State. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC No.1290/2023. 3. The petitioners are shown as absconders in a charge sheet. The allegation brought against them is sessions triable. 4. The learned Addl. Chief Judicial Magistrate, Lakhimpur, North Lakhimpur issued summonses to the present petitioners. They apprehend that if they appear before the Addl. CJM, Lakhimpur, North Lakhimpur, they shall be remanded to custody as the said court does not have the jurisdiction to entertain their bail application. 5. Mr. Chowdhury submits that the petitioners are innocent and they now want to face the trial. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioners are interested in facing the trial, this Court is of the opinion that they deserve to be given an opportunity to contest the case. Therefore, their application is allowed. 8. It is hereby directed that whenever the petitioners, namely- (1) Md. Rahul Amin and (2) Md. Motibur Rahman appear before the Addl. Chief Judicial Magistrate, Page No.# 3/3 Lakhimpur, North Lakhimpur in connection with PRC No.1290/2023, both the petitioners shall be allowed to go on bail of ₹20,000/- each with sureties of like amount to the satisfaction of the said court [Addl. CJM, Lakhimpur, North Lakhimpur]. With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant