Page No.# 1/3 GAHC010256252025 2025:GAU-AS:15766 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1441/2025 MOINUL HOQUE SON OF ASADDAR ALI VILL- BAZARGHAT P.O., P.S. KATIGHORAH, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:NASIR UDDIN S/O LATE SIYAB UDDIN VILL- PURBA HAITARKA P.S. PATHARKANDI DIST. SRIBHUMI (KARIMGANJ) ASSA Advocate for the Petitioner : MR H R A CHOUDHURY, J M SULAIMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.11.2025 Heard Mr. J. M. Sulaiman, learned counsel appearing for the petitioner. Also Page No.# 2/3 heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No. 2490/2024 pending in the Court of the Learned Judicial Magistrate First Class, Sribhumi. 3. The petitioner has been shown as an absconder in the Charge Sheet. Therefore, he has apprehended that whenever he will appear before the Court of the Learned Judicial Magistrate First Class, he will be remanded to custody because this Court does no lacks jurisdiction to entertain his bail application. 4. The petitioner submits that he is interested in facing the trial and therefore, he deserves to be given adequate opportunity to that effect. 5. I have considered the submissions made by the learned counsels for both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to that effect. 7. Therefore, his application is allowed. 8. The petitioner, namely, Moinul Hoque, is directed to appear before the Court of the learned Judicial Magistrate First Class, Sribhumi in connection with PRC Case No. 2490/2024 within the next 7 (seven) days from today and on his Page No.# 3/3 appearance he shall be released on bail of Rs. 25,000/- (Rupees Twenty Five Thousand) with a surety of the like amount to the satisfaction of the Learned Judicial Magistrate First Class, Sribhumi. 9. The petitioner is directed to regularly appear before the Court the Trial Court on each and every date of hearing. If he fails to do so the Trial Court shall have the liberty to procure his attendance by due process of Law. 10. With the aforesaid directions, this criminal petition is disposed of. JUDGE Comparing Assistant