Page No.# 1/3 GAHC010099782025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./561/2025 HABIJUR RAHMAN S/O JOYNAL ABEDIN R/O BASHBARI PT.VII, P.S.MANIKPUR DIST.BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:AYNAL HOQUE S/O LATE AMIN ALI R/O NUMBERPARA PART-I P.S.ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-78339 Advocate for the Petitioner : MR. A KADDUS, Advocate for the Respondent : PP, ASSAM, MR. M MONDAL (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.11.2025 Heard Mr. S.M. Mollah, the learned counsel appearing for the petitioner. Also heard Mr. K. K. Parasar, the learned Additional Public Prosecutor for the state of Assam as well as Mr. M. Mondal, the learned counsel appearing for the respondent No.2. 2. This application has been filed under Sections 528/442 of the BNSS, 2023 read with Article 27 of the Constitution of India in respect of Special (POCSO) Case No. 19(A)/2025 pending in the Court of the learned Special Judge (POCSO), North Salmara, Abhayapuri. 3. The petitioner has been shown as an absconder in the charge sheet. Therefore, the trial court issued bailable warrant of arrest against him. The petitioner apprehends that whenever he will appear before the Court of the learned Special Judge (POCSO), North Salmara, Abhayapuri, he will be remanded to custody because this Court does not have the jurisdiction to entertain his bail application. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore he should be given one opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to appear before the Court of the learned Special Judge (POCSO), North Salmara, Abhayapuri. 6. The petitioner Habizur Rahman is directed to appear before the Court of the learned Special Judge (POCSO), North Salmara, Abhayapuri on 06.12.2025. On his appearance in respect of Special POCSO Case No. 19(A)/2025, the petitioner Habizur Rahman shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), North Salmara, Abhayapuri. 7. The petitioner is directed to appear before the Court of the learned Special Judge Page No.# 3/3 (POCSO), North Salmara, Abhayapuri regularly on each and every date. If he fails to do so, the trial court shall procure the attendance of the petitioner following the due process of law. With the aforesaid direction, this Criminal Petition is allowed and disposed of. JUDGE Comparing Assistant