Page No.# 1/3 GAHC010001592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./17/2025 AJAY KUMAR @ RAJU KUMAR GUPTA S/O LATE SURESH PRASAD R/O NAI SARAI, MOHADDINAGAR GALI, WARD NO. 15, BIHAR SARIF, NALANDA BIHAR-803101. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI BIPUL DUTTA GOSWAMI INSPECTOR OF POLICE BIEO ASSAM GUWAHATI Advocate for the Petitioner : MR S RAHMAN, MS L MISHRA,MS. S PHUKAN,MR S KHOUND Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.01.2025 Heard Mr. S. Rahman, learned counsel appearing for the petitioner as well as Mr. D.P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the BNSS, 2023, challenging the orders passed by the learned Special Judge, CBI, Assam, Addl. Court No.2, Chandmari, directing issue of NBWA against the present petitioner. 3. The petitioner has been facing the trial in the aforesaid case. On some dates, he could not appear, therefore, the Special Judge directed issue and service of NBWA as well as P/A against the petitioner. 4. The petitioner has submitted that due to miscommunication with his counsel, everything had happened. Petitioner submits that he is interested in facing the trial and therefore, he deserves to be given one opportunity to appear before the trial court. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to appear before the trial court. Therefore, the prayer made by the petitioner is allowed. 7. All orders directing issue of NBWA as well as P/A against the present petitioner passed by the learned Special Judge, CBI, Assam, Addl. Court No.2, Chandmari are hereby set aside. Page No.# 3/3 8. The petitioner, namely, Ajay Kumar @ Raju Kumar Gupta is directed to appear before the Court below on or before 20.01.2025 and on his appearance he should be allowed to go on fresh bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, CBI, Assam, Addl. Court No.2, Chandmari. 9. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant