Page No.# 1/3 GAHC010022462025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./140/2025 ROKIBUL ISLAM AND ANR. S/OABDUR RAHMAN VILL-BANKABHANGA P.S. KALGACHIA,DIST. BARPETA, ASSAM PIN-781319 2: SHAHAJUL ISLAM S/O SHOHID LAI VILL-CHAR KHELLY P.S.KALGACHIA DIST. BARPETA ASSAM PIN-781319 VERSUS THE STATE OF ASSAM AND ANR. REP.BY THE PP, ASSAM 2:ABDUS SALAM S/O LATE JOYNAL ABDIN R/O VILL-RAMPUR P.S. KALGACHIA DIST. BARPETA ASSAM PIN-78131 Advocate for the Petitioner : G UDDIN, MR A K AZAD Advocate for the Respondent : PP, ASSAM, P ADHIKARI (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025 1. Heard Mr. G. Uddin, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam and Ms. P. Adhikari, learned counsel for the respondent No.2. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, challenging the Orders of the learned Additional Sessions Cum Special Judge (POCSO), Barpeta in respect of Special POCSO Case No.21/2023, directing issue of non-bailable warrant of arrest against the petitioners. 3. I have considered the submissions made by learned counsel for Ms. P. Adhikari, learned counsel for the respondent No.2, 4. This Court is of the opinion that under the given circumstances, both the petitioners do not deserve to be detained in custody. 5. All the Orders directing issue warrant of arrest against the present petitioners by the learned Additional Sessions Cum Special Judge (POCSO), Barpeta in respect of Special POCSO Case No.21/2023 are set aside. 6. The warrant of arrest, if issued, shall be recalled. 7. The petitioners Rokibul Islam and Shahajul Islam are directed to appear before the learned Additional Sessions Cum Special Judge (POCSO), Barpeta in respect of Special POCSO Case No.21/2023 on 24.03.2025. 8. On their appearance, both the petitioners shall be released on bail of Page No.# 3/3 Rs.20,000/- each with a surety of like amount to the satisfaction of the learned Additional Sessions Cum Special Judge (POCSO), Barpeta. 9. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant