Page No.# 1/3 GAHC010035352025 2025:GAU-AS:7260 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./89/2025 MD. MINTU ALI S/O- MAKBUL ALI, R/O- P.O.- GHUGUBARI, HALDIA PATHAR, DIST- BARPETA, ASSAM, PIN- 781319. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : Pranab Baro, MR. N J DAIMARI,MS. J BURAGOHAIN,MR. G BORDOLOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2025 1. Heard Mr. G. Bordoloi, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 438 and 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the orders directing Page No.# 2/3 issue of non-bailable warrant of arrest against the present petitioner Md. Mintu Ali by the learned SDJM, Jonai in PRC Case No.24/2023 , arising out of Jonai P. S. Case No.05/2018. 3. The petitioner is an accused in the Charge-Sheet, summons were issued to him, but he did not appear in response to the summons. Learned counsel for the petitioner submits that the petitioner actually did not receive the summons. 4. Be that as it may, ultimately the Trial Court directed issue of non-bailable warrant of arrest against him. The learned counsel for the petitioner submits that the petitioner wants to contest the case to prove his innocence. According to the petitioner, he should be given adequate opportunity to that effect. 5. Mr. Das, learned Additional Public Prosecutor has objected to the prayer made by the petitioner. 6. I have considered the submissions made by learned counsel for both the sides. 7. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to that effect. 8. Therefore his application his allowed. 9. All the orders directing issue of non-bailable warrant of arrest against the present petitioner are set aside, the warrant of arrest, if issued, shall be recalled. 10. It is hereby directed that the petitioner, Md. Mintu Ali shall appear before the Court of the learned SDJM, Jonai in respect of PRC Case No.24/2023 within next Page No.# 3/3 10(ten) days from today. 11. On his appearance, the petitioner, Md. Mintu Ali shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned SDJM, Jonai. 12. With the aforesaid direction, the present Criminal Revision Petition stands disposed of. JUDGE Comparing Assistant