Page No.# 1/3 GAHC010028252025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./146/2025 ABADHESH MAHATO @ AWADESH MAHATO S/O LATE CHULHAI MAHATO, RESIDENT OF WARD NO. 9 NO. 1, DARRANG DISHA, ETA BHATTA CHARIALI, HAFLONG ROAD, LUMDING, PS LUMDING, DIST HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:JAIN INVESTMENTS JAIN GALI GUWAHATI 781001 DIST KAMRUP M ASSAM REPRESENTED BY SRI PRAVEEN KUMAR LUNAWAT PARTNER S/O PREM CHAND LUNAWA Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 13.02.2025 Heard Mr. N.K. Kalita, the learned counsel appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam representing the State. 2. This is an application under Section 528 of the BNSS, 2023 challenging the order(s) passed by the learned Addl. Chief Judicial Magistrate, Kamrup (M), Guwahati in C.R. Case No.3106/2021 directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner. 3. On 28.07.2023, the petitioner appeared before the trial court through his engaged Advocate. On subsequent dates, he could not appear. Therefore, the learned trial court issued NBWA against him. 4. Mr. Kalita submits that the petitioner could not appear before the court below because of an untoward incident. The petitioner submits that he is interested in facing the trial and therefore deserves to be given one opportunity to that effect. 5. I have considered the submissions made by the learned counsel of both sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that he deserves to be given an opportunity to contest the case. Therefore, his application is allowed. All order(s) directing issue of Non-Bailable Warrant of Arrest (NBWA) passed by the learned Addl. Chief Judicial Magistrate, Kamrup (M), Guwahati in C.R. Case No.3106/2021, against the present petitioner, are set aside. Page No.# 3/3 7. The petitioner Sri Abadhesh Mahato @ Awadesh Mahato is directed to appear before the court below/trial court on 27.02.2025 and on his appearance before the learned Addl. CJM, Kamrup (M) in respect of C.R. Case No.3106/2021, he shall be allowed to go on bail of ₹20,000/- with a surety of like amount to the satisfaction of the said court i.e. Addl. CJM, Kamrup (M). With the above direction, the criminal petition is disposed of. JUDGE Comparing Assistant