Page No.# 1/2 GAHC010046482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./258/2025 MONOJ CHUTIA S/O SATYANATH CHUTIA, R/O GARMURA RAHDHALA, P.O. RADHALA, PS. SILAPATHAR, DISTRICT DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR PARAM HANGKHA KONWAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.03.2025 Heard Mr. D. Gogoi, the learned counsel appearing for the petitioner as well as Mr. DP Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application u/s 528 of the BNSS, 2023 praying for setting aside the order dated 16.01.2025 passed by the learned Judicial Magistrate 1st Class, Dhemaji in respect of PRC Case No.648/2022. 3. The petitioner has been shown as an absconder in the charge-sheet alleging commission Page No.# 2/2 of Sessions’ triable offence. 4. The learned counsel for the petitioner submits that he wants to contest the case but he apprehends that if he appears before the court below, he will be remanded to custody because that court has no jurisdiction to entertain his bail application. 5. I have considered the submissions made by the learned counsel of both sides. I have also gone through the contents of the FIR. 6. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, his bail application is allowed. 7. The impugned order dated 16.01.2025 passed by the Judicial Magistrate 1st Class, Dhemaji in PRC Case No.648/2022 is set aside accordingly. 8. It is hereby directed that the petitioner, Monuj Chutia shall appear before the court of the learned Judicial Magistrate 1st Class, Dhemaji in connection with PRC Case No.648/2022. On his appearance, he shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, Dhemaji. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant