Page No.# 1/3 GAHC010055032025 2025:GAU-AS:2952 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./337/2025 SRI RAM PRASHAD BISWAS S/O- LATE FAKIR CHAN BISWAS R/O- VILR-AGE- UTTAR GARKHIYA TAP, P.O- BURGAON, P.S- MAYONG, DIST- MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM, REPRESENTED BY THE PUBLIC PROSECUTOR. 2:SRI RINKU KALITA S/O- LATE KHARGESWAR KALTTA VTLLAGE- BORAIOL (KOYAPAR) P.S- GHOGRAPAR DIST- NALBARI ASSAM Advocate for the Petitioner : MR. M ALI, MD. ANARUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 19-03-2025 Heard Mr. M. Ali, the learned counsel for the petitioner and also heard Mr. K.K. Das, the learned Additional Public Prosecutor appearing on behalf of the Page No.# 2/3 State respondent. 2. This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of warrant of arrest issued against the petitioner by the impugned order dated 25.04.2024 and other subsequent orders passed in Special (P) Case No. 39/2021 by the learned Special Judge (POCSO), Nalbari, whereby issued Non-Bailable Warrant of Arrest against the petitioner. 3. Mr. Ali, the learned counsel for the petitioner submitted in this regard that the present accused/petitioner was shown as an absconder in the charge-sheet and cognizance of the case was taken on 06.12.2021 thereafter on 12.01.2024 he appeared before the learned Trial Court below and he was allowed to go on bail on 19.01.2024. Since 19.01.2024, he was regularly appearing before the learned Court below. However, on 25.04.2024 he could not appear before the Court below, nor any step was taken by his engaged counsel. He could not appear before the learned Trial Court below as he went to Kerala to earn livelihood. As the learned counsel did not intimate him of the dates, he could not appear before the Court below and in the meantime the NBWA was issued against him. However, he is ready and willing to appear before the learned Trail Court below on each and every date, if he is granted some kind of interim protection. 4. Mr. Das, the learned Additional Public Prosecutor submitted that the accused was initially shown as absconder in the charge-sheet. However, the learned Court below considered his bail application and allowed him to go on bail. But, subsequently he remained absent since long and NBWA was issued against the accused/petitioner and thus no illegality or mistake has been committed by the learned Trial Court below. Page No.# 3/3 5. Hearing the submissions made by the learned counsel for both sides, I have also perused the case record and annexures filed against the petitioner. It is a fact that the petitioner who is allowed to go on bail by learned Trial Court below on 19.01.2024 and thereafter he was appearing before the learned Trial Court below. However, on 25.04.2024 he could not appear and his engaged counsel did not appear on his behalf for which NBWA was issued against him. But, on the subsequent date, the petitioner did not appear before the learned Trial Court below for which NBWA had to be issued against him. Thus, it is seen that the learned Trial Court below took the necessary steps for procuring the attendance of the accused as he did not appear on several occasions and the case is pending since long. 6. However, considering all aspects of the case, I find that a chance may be given to the petitioner, so that he can appear and contest the case. 7. In view of this, the petitioner is hereby directed to appear before the learned Trial Court below on or before 24.03.2025 on the date fixed for appearance with an application for regular bail, which may be considered by the learned Trial Court below in accordance with law. Till his appearance i.e. on 24.03.2025, the NBWA issued against him may be stayed/suspended. 8. With the above observations, the petition stands disposed of. JUDGE Comparing Assistant