Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010049542025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./294/2025 LOHIT BULBUL S/O ABDUL LATIF R/O VILL- KUMULLIPARA P.S.HOWLY DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:WSI (P) DIKI TALUKDAR HOWLY POLICE STATION DIST. BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2025
1. Heard Mr. N. Mahajan, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, 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, challenging the order dated 12.08.2024, passed by the learned Special Judge, Barpeta in respect of Special(NDPS) Case No.29/2024.
3. The petitioner has been shown as an absconder in the Charge-sheet. He has received summons issued by the Trial Court, he now apprehends that since he has been shown as an absconder in the Charge-sheet, he might be remanded to custody.
4. The petitioner pleaded innocence in the said Case. The petitioner also wants to face 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 is interested in facing the trial, he deserves to be given one opportunity to that effect.
7. Therefore the Criminal Petition is allowed.
8. The petitioner Lohit Bulbul is directed to appear before the Trial Court of learned Special Judge, Barpeta in respect of Special(NDPS) Case No.29/2024 on 24.03.2025 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, Barpeta.
9. The petitioner shall regularly appear before the Trial Court on each and every date, if he fails to do that without showing any cogent reason, the Trial Court shall have the liberty to procure his attendance.
10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant