Page No.# 1/2 GAHC010199422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1100/2025 RABIUL HASAN SON OF HAKKUR @ HASMAT ALI, RESIDENT OF VILL- MANDIA PATHAR, P.S. BAGHBAR, DIST. BARPETA, ASSAM, PIN-781308. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM 2:SALEKA KHATUN D/O LATE JURAN ALI RESIDENT OF VILL-MAYAR CHAR P.S. BILASIPARA DIST. DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. A CHOUDHURY, MS. A KAUSHAR,MR S ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 19.11.2025 Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. K K Porasor, learned Additional Public Prosecutor, Assam. This is an application filed under Section 528 of the BNSS, 2023 challenging the order dated 15.02.2025 passed by the learned SDJM(S), Barpeta in PRC Case No. 598/2021 arising out of Baghbar P.S. Case No. 121/2021. The petitioner Rabiul Hussain has been shown as an absconder in the charge sheet filed under Sections 376(D), 379 and 506 of the Indian Penal Code and that is the reason why the trial court issued NBWA and P & A against him. The petitioner has now submitted that he is interested in facing the trial and he should be given adequate opportunity to that effect. Therefore, the prayer of the petitioner is allowed. The NBWA as well as P & A issued against the petitioner by the SDJM(S), Barpeta in PRC Case No. 598/2021 arising out of Baghbar P.S. Case No. 121/2021 is recalled. the other hand, Mr. Porasor has objected the prayer of the petitioner. have considered the submission made by the learned counsel for both the sides. Since the petitioner is interested in facing the trial, he deserves to be given a chance to contest the case. Therefore, the petitioner Rabiul Hasan is directed to appear before the trial court within 7 (seven) days from today. On his appearance, the trial court shall release the petitioner on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned District & Sessions Judge, Barpeta. With the above, the criminal petition is disposed of. JUDGE Comparing Assistant