Page No.# 1/2 GAHC010048712025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./276/2025 ANOWAR HUSSAIN ALI HUSSAIN, R/O- VILL- SALMARA, PT-7, P/S- FAKIRGANJ , DIST- SOUTH SALMARA MANKACHARI, ASSAM 783127 VERSUS THE STATE OF ASSAM AND ANR R/BY- P P ASSAM, GHC 2:SOLIM UDDIN S/O- LT-MOHAMMAD ALI RESIDENT OF CHOTO HARIPUR P/S- SUKCHAR DIST- SOUTH SALMARA MANKACHARI ASSA Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025 1. Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for setting aside the Orders directing issue of non- bailable warrant of arrest against the petitioner by the learned Special Judge, South Salmara, Mankachar in respect of Special(P) Case No.78/2024. 3. The petitioner has been facing trial in the aforesaid case, during that time, he went to Bengaluru in search of work and that is why he could not appear on some dates. Therefore, the Trial Court directed issue of non-bailable of warrant of arrest against him. 4. Now the petitioner has returned and he submits that he is interested in facing the trial. 5. I have considered the submissions made by learned counsel for both the sides. 6. This Court is of the opinion that since the petitioner wants to contest the Case, he deserves to be given one opportunity to that effect. 7. Therefore the Criminal Petition is allowed. 8. Therefore, the Orders passed by the Special Judge, South Salmara, Mankachar in respect of Special(P) Case No.78/2024 directing issue of non-bailable of warrant of arrest against Anowar Hussain are set aside. 9. The petitioner Anowar Hussain is directed to appear before the Trial Court of learned Special Judge, South Salmara, Mankachar in respect of Special(P) Case No.78/2024 on 28.03.2025 and on his appearance, the petitioner shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, South Salmara, Mankachar. 10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant