Page No.# 1/3 GAHC010254362025 2025:GAU-AS:15762 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1434/2025 JIYARUL HOQUE S/O MONOER ALI, R/O VILL- CHENGULIA P.S BARPETA ROAD DIST BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SUB-INSPECTOR OF POLICE BIDHAN SINGH BASUMATARY BARPETA ROAD POLICE STATION DIST. BARPETA ASSA Advocate for the Petitioner : MR. R ALI, MISS. S PARBIN,MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20.11.2025 Heard Mr. R. Ali, learned counsel appearing for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of BNSS, 2023 in respect of PRC Case Bi, 542/2025 pending in the Court of the Chief Judicial Magistrate, Barpeta. 3. The petitioner Jiyarul Hoque has been shown as an absconder in the Charge Sheet and summons has been issued against him by the Court below. 4. The petitioner submits that he has been unnecessarily implicated in this case and he is interested in facing the trial. 5. The petitioner submits that the Court which has issued the summons to him does not possess the jurisdiction to entertain his bail application. Therefore, he has apprehened that he may be remanded to custody by the Court issuing summons to him. 6. I have considered the submissions made by learned counsels for both sides. Page No.# 3/3 7. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to that effect. 8. Therefore, his application is allowed. 9. The Petitioner, namely, Jiyarul Hoque, is directed to appear before the Court of the Learned Sub-Divisional Judicial Magistrate, Barpeta in connection with PRC Case No. 542/2025 within next 7 (seven) days from today and on his 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 arresting authority. The petitioner shall regularly appear before the Court below 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, the criminal petition is disposed of. JUDGE Comparing Assistant