Page No.# 1/2 GAHC010030242025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./172/2025 EIASUB ALI S/O- ABDUL NOTI SK, VILL- COLLEGE NAGAR, P.S- MANKACHAR, DIST- SOUITH SALMARA, MANKACHARI, PIN- 783131 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 110.04.2025 Heard Mr. A Z Ahmed, the learned counsel appearing for the petitioner. Also heard Ms S.H. Borah, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application filed under Section 528 of the BNSS, 2023 praying for setting aside the orders issuing Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Eiasub Ali in respect of PRC Case No.1436/2024 pending in the court of the learned Chief Page No.# 2/2 Judicial Magistrate, South Salmara, Mankachar. 3. The petitioner has been shown as an absconder in the charge sheet. Therefore, the court of the learned Chief Judicial Magistrate, South Salmara, Mankachar issued Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Eiasub Ali. He now submits that the charge sheet has been filed u/s 376 of the Indian Penal Code alongwith some other Sections of the said Code. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial because the offence u/s 376 of the IPC is sessions’ triable offence. 5. I have considered the submissions made by the learned counsels of both sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given an opportunity to that effect. 7. Therefore, the orders issuing Non-Bailable Warrant of Arrest (NBWA) against the present petitioner Eiasub Ali in respect of PRC Case No.1436/2024 passed by the learned Chief Judicial Magistrate, South Salmara, Mankachar are set aside. 8. The petitioner is directed to appear before the court of the learned Chief Judicial Magistrate, South Salmara, Mankachar in respect of PRC Case No. 1436/2024. 9. It is hereby directed that within next 15 days the petitioner Eiasub Ali shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, South Salmara, Mankachar. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant