Page No.# 1/2 GAHC010035102025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./191/2025 ASHADUL ISLAM AND ANR. S/O NUR UDDIN @ NURU DELAR R/O VILL- SONAPARA P.O. AND P.S. FAKIRGANJ DIST. DHUBRI, ASSAM 2: ASHRAFUL ISLAM S/O SURUT ZAMAL SHEIKH R/O IVLL-SONAPARA P.O.AND P.S. FAKIRGANJ DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A R SIKDAR, D J BARMAN,MR. S I TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2025 1. Heard Mr. A. R. Sikadar, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Page No.# 2/2 Sanhita (BNSS), 2023, in respect of Charge Sheet No.308/2023 arising out of Fakirganj P.S. Case No.284/2014. 3. The petitioners are shown as absconders in the Charge-sheet. The learned counsel for the petitioners submits that the petitioners are unnecessarily implicated in the Case and therefore they wanted to contest the Case. 4. The learned counsel for the petitioners submits that the offence is triable by the Court of Sessions and, therefore, the petitioners will be remanded to custody, if they appear before the learned Chief Judicial Magistrate, Dhubri. 5. I have considered the submissions made by learned counsel for both the sides. 6. Since the petitioners are interested in facing the trial, they deserve to be given one opportunity to that effect. 7. Therefore the application is allowed. 8. It is hereby directed that whenever the petitioners Ashadul Islam and Ashraful Islam shall appear before the Court of learned Chief Judicial Magistrate, Dhubri in respect of the Charge Sheet No.308/2023 they shall be released on bail of Rs.25,000/- each with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhubri. 9. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant