Page No.# 1/2 GAHC010271062024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1552/2024 MD. MUSTAFA ANARUL ISLAM S/O MD. MOFIJ UDDIN R/O VILL- GORIABARI PATHER, WARD NO. 6, P.S. MOIRABARI DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:XXXX D/O AHMMAD ALI R/O HUGALTOLI P.S. LAHARIGHAT DIST. MORIGAON ASSA Advocate for the Petitioner : MR. J ALI, MR S H SIKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 06-02-2025 Heard the learned counsel Mr. J. Ali appearing for the petitioner. Also heard Mr. D. P. Goswami, learned Addl. PP, Assam. Page No.# 2/2 This is an application under Section 528 of the BNSS, 2023 challenging the order dated 29.09.2024 and the subsequent orders passed by the learned Special Judge POCSO, Morigaon issuing Non Bailable Warrant of arrest against the present petitioner in connection with POCSO Case No. 131/2021. The petitioner is facing the trial on one particular date he could not appearing in the Court and his lawyer has informed the Court that he was suffering from psychiatric ailments but the witnesses present in the Court that day informed the Court that they have seen the petitioner roaming around the market. The witnesses have also informed the Court that the petitioner was putting pressure upon them to act in the favour of the petitioner. In support of his prayer, some documents of the Mental Hospital at Tezpur have filed. I have considered the submissions of the learned counsel for the parties. At this stage, it is difficult to have an opinion about the mental health of the petitioner because the documents presenting to the Mental Hospital at Tezpur shows that he was treated as outdoor patient. However, for the ends of justice, the prayer of the petitioner is allowed. The order is directing to issue of Non Bailable Warrant of the present petitioner in respect of POCSO Case No. 131/2021 is set aside. Petitioner is allowed to remain on previous bail. However, it is directed that if on such similar plea the petitioner remains absent in the Trial Court that the Trial Court shall have the liberty to procure his attendance. With the aforesaid direction the present criminal petition stands disposed of. JUDGE Comparing Assistant