Page No.# 1/2 GAHC010003602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./21/2025 AZIZUL RAHMAN @ AJIJUR RAHMAN AND ANR S/O ABDUL HAI R/O VILL- DHARARGHAT PT. II P.S. GAURIPUR DIST. DHUBRI, ASSAM 2: NAJARUL HOQUE @ NOJRUL HOQUE S/O MAHAMMAD ALI @ TOREYA SK. R/O VILL- DHARARGHAT PT.II P.S. GAURIPUR DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:KHAYRAN NESSA W/O ABDUL HOQUE VILL DHARAARGHAT PT.II P.O. DEBOTTAR HASDAHA P.S. GAURIPUR., DIST. DHUBRI ASSAM, PIN-783334 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.01.2025 Page No.# 2/2 Heard Mr. S. Islam, the learned counsel appearing for the petitioners and Mr. RR Kaushik, the learned Additional Public Prosecutor for the state of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in connection with PRC Case No. 1458/2023 pending in the Court of learned Chief Judicial Magistrate, Dhubri. 3. Both the petitioners have been shown as absconders in the charge-sheet. The offence is triable by the Court of Sessions. 4. The learned counsel for the petitioners has submitted that the petitioners are interested in facing the trial to prove their innocence. The learned counsel petitioners has further submitted that if they appear before the Court of learned Chief Judicial Magistrate, Dhubri, they will be remanded to custody because the Court of learned Chief Judicial Magistrate, Dhubri does not have the jurisdiction to entertain their bail prayer. The learned counsel further submits that they were unnecessarily charge-sheeted in respect of PRC Case No. 1458/2023. 5. I have considered the submissions made by the learned counsels of both sides. 6. Since both the petitioners are interested in facing the trial, they deserve to be given an opportunity to face the trial. 7. It is hereby directed that in the event of appearance before the Court of learned Chief Judicial Magistrate, Dhubri in connection with PRC Case No. 1458/2023, the petitioners, Azizul Rahman @ Ajijur Rahman & Najarul Hoque @ Nojrul Hoque shall be released on bail of Rs. 25,000/- each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri. 8. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant