Page No.# 1/3 GAHC010278552025 2025:GAU-AS:17515 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1603/2025 MD NAZRUL HOQUE ALIAS NAJRUL ISLAM S/O- MAMUD ALI, RESIDENT OF NAITARKHOLA RESERVE P.O- NAGARBERA, P.S- NAGARBERA DIST- KAMRUP PIN-781127 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MD KHALILUR RAHMAN S/O- LATE MONOR UDDIN RESIDENT OF NAITAR P.O- NAGARBERA P.S- NAGARBERA DIST- KAMRUP PIN-781127. 3:MISS KHALEDA BEGUM D/O- MD. KHALILUR RAHMAN RESIDENT OF NAITAR P.O- NAGARBERA P.S- NAGARBERA DIST- KAMRUP PIN-781127 Advocate for the Petitioner : MR. R ISLAM, MR SAIFUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 17.12.2025 Page No.# 2/3 Heard Mr. R. Islam, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. 2. The petitioner is facing trial before the Court of learned Special Judge, POCSO, Kamrup, Amingaon [‘the Special Court’, for short] in Sessions Special [POCSO] Case no. 39/2021. A charge under Section 6 of POCSO Act has been framed against the petitioner upon his appearance on receipt of summons from the Special Court. The petitioner has projected that when after his appearance before the Special Court the petitioner applied for bail, he was allowed to go on bail. It is stated that on and from 18.08.2025, the petitioner could not appear before the Special Court due to reasons beyond his control. 3. Mr. Islam, learned counsel for the petitioner has submitted that the petitioner is ready and willing to appear before the Special Court on the next date of posting, 17.01.2026. However, the petitioner has an apprehension that during the interregnum, he might be apprehended and would be taken into custody in view of issuance of the Non-Bailable Warrant of Arrest [NBWA] against him by the Special Court by the Order dated 18.08.2025 and the subsequent orders. 4. The charge the petitioner is facing in the trial before the Special Court is serious in nature and in Section 35[2] of the POCSO Act, it has been provided that the Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence. 5. In view of the undertaking given by the petitioner that he would regularly appear before the Special Court henceforth without any default and the same would facilitate an expeditious conclusion of the trial, this Court is of the considered view that for the period till 17.01.2026, the NBWA issued against the petitioner can be kept in abeyance so that the petitioner can appear before the Special Court on 17.01.2026, without any apprehension of arrest, and also prefer an application seeking his release on bail. It is ordered accordingly. It is further observed that in the event the petitioner appears before the Special Court within Page No.# 3/3 17.01.2026 and submits an application seeking his release on bail, the Special Court shall consider such application on its own merits and in accordance with law. 6. This order disposes of the criminal petition. JUDGE Comparing Assistant