Page No.# 1/3 GAHC010030802025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./413/2025 JAHIR UDDIN S/O LATE TOMIZ UDDIN, PERMANENT RESIDENT OF VILLAGE GARLAND BAGIDHA PANBARI, P.O BHAKATPARA, P.S MANGALDAI, DISTRICT DARRANG, ASSAM, PIN 784190 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. I ALAM, MR. T SK,T MAZUMDER Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 17.02.2025 Heard Mr. I. Alam, the learned counsel appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam representing the State. Page No.# 2/3 2. This is an application under Section 483 of the BNSS, 2023 in respect of Sessions Case No.60/2020. 3. The present petitioner along with some other persons are facing trial in a case under Section 302 of the Indian Penal Code. 4. On 18.06.2020, the petitioner and two other accused were allowed to go on bail by the learned Sessions Judge, Cachar, Silchar. Thereafter, due to outbreak of COVID- 19, the petitioner could not appear in the court and finally, the trial court directed issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner. 5. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore deserves to be given one opportunity to that effect. 6. The petitioner submits that he belongs to the district of Darrang whereas the trial was going on in the district of Cachar. According to the petitioner, due to restrictions in movement during COVID-19 period, he could not go to Cachar, Silchar. 7. I have considered the submissions made by the learned counsel of both sides. 8. This Court is of the opinion that the petitioner has fairly explained the reasons for which he could not appear in the trial court. Moreover, 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. 9. Therefore, his application is allowed. All order(s) directing issue of Non-Bailable Warrant of Arrest (NBWA) against the present petitioner in respect of Sessions Case No.60/2020 pending in the court of learned Sessions Judge, Cachar, Silchar are set aside. 10. The petitioner Jahir Uddin is directed to appear before the court below/trial court in respect of Sessions Case No.60/2020 within next 15 days from today. On his appearance before the learned Sessions Judge, Cachar, Silchar, he shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the said Page No.# 3/3 court i.e. Sessions Judge, Cachar, Silchar. With the above direction, the bail application is disposed of. JUDGE Comparing Assistant