Page No.# 1/3 GAHC010278442025 2025:GAU-AS:17412 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1593/2025 NIPEN KUMAR S/O- SRI KAMESHWAR KUMAR, R/O- VILL- BALISATRA, PS KAYAN, DIST- KAMRUP (R), ASSAM, PIN- 781350 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:KALPANA BAISHYA W/O DWIJEN BAISHYA R/O BALISATRA P.S.KAYAN DIST. KAMRUP ASSA Advocate for the Petitioner : MS. T SOM, MS. A MAHANTA,MS. U HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 16.12.2025 Heard Ms. T. Som, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent no. 1 Assam. Page No.# 2/3 2. Having regard to the relief sought for, the present criminal petition preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is taken up for disposal at the motion stage itself. 3. The petitioner has averred that in relation to an incident occurred on 28.08.2015, a First Information Report [FIR] was lodged on 02.09.2015, which was registered as Kayan Police Station Case no. 41/2015 for the offences under Sections 294/325/307 of the Indian Penal Code [IPC]. After investigation, the Investigating Officer [I.O.] submitted a charge- sheet under Section 173[2], Code of Criminal Procedure [CrPC] charge-sheeting three accused persons in including the petitioner. The case was subsequently registered as Sessions Case no. 38/2019 and the trial is presently pending before the Court of Additional District & Sessions Judge, Kamrup, Rangia [‘the Trial Court’, for short]. After submission of the Charge- Sheet, when processes were issued for appearance of the charge-sheeted accused persons including the petitioner, they appeared to stand in the trial. 4. It has been averred that the petitioner was regularly appearing in the trial until 30.10.2025. The petitioner stated he could not appear on 30.10.2025 as well as on the subsequent date, 28.11.2025, due to a nos. of reasons. The petitioner has averred that during that period, his father had fallen critically ill because of old-age ailments. The petitioner’s father had to be admitted in a hospital and he was busy attending his father in hospital. There was default on his part to appear before the Trial Court on 30.10.2025 and 28.11.2025. 5. In the trial of Sessions Case no. 38/2019, three accused persons are standing in the trial and the petitioner is one of them. On 30.10.2025, the Trial Court due to non-appearance of the petitioner without step, issued Non-Bailable Warrant of Arrest [NBWA] against the petitioner. Subsequently on 28.11.2025 also, the Trial Court ordered for issuance of NBWA against the petitioner. 6. As three charge-sheeted accused persons are facing the trial in Sessions Case no. Page No.# 3/3 38/2019, the appearance of the petitioner is germane factor to facilitate an expeditious conclusion of the trial. In view of the same, this Court is of the considered view that the NBWA issued against the petitioner vide order dated 30.10.2025 and 28.11.2025, shall remain suspended till 17.01.2026 in order to facilitate the petitioner to appear before the Trial Court on the next date of trial, that is, on 17.01.2026. It is ordered accordingly. It is further observed that if after appearance on 17.01.2026, the petitioner submits an application for recalling of the NBWA before the Trial Court and for his release either on previous bail or fresh bail, the Trial Court shall consider such application on its own merits and in accordance with law. 7. This order disposes of the criminal petition. JUDGE Comparing Assistant