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2025 DAILYLAW 9514 (GAU)

FULBAR ALI v. THE STATE OF ASSAM AND ANR.

Crl.Pet./374/2025 · 2025-04-23

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010059062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./374/2025 FULBAR ALI SON OF HUSSAIN ALI R/O SUNDARBAN NAGAR, DOWAT BAZAR, P.S. HATIGAON, DIST.KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:DIPA BORA DUTTA W/O SUBHAJIT DUTTA R/O HOUSE O. 8 MIALANJYOTI PATHA P.O. AND P.S. HATIGAON DIST. KAMRUP (M) ASSAM PIN-78103 Advocate for the Petitioner : MR. N J DUTTA, IMDADUL ISLAM,M RAHMAN,MR A BASUMATARY,MR. M M ZAMAN,MR N AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.04.2025 1. Heard Mr. N. Ahmed, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Sessions (Special) Case No.131/2023. 3. The petitioner Fulbar Ali is facing trial before the Court of the learned Special Judge POCSO, Kamrup(Metro) Guwahati. On some dates, the petitioner did not appear before the Trial Court and, therefore, warrant of arrest issued against him. 4. I have considered the submissions made by learned counsel for both the sides. 5. The reasons for absence in the Trial Court seems to be satisfactory. 6. Therefore the prayer is allowed. 7. The impugned order directing issue of non-bailable warrant of arrest issued against the petitioner are set aside. 8. The petitioner Fulbar Ali is directed to appear before the learned Special Judge POCSO, Kamrup(Metro) Guwahati in Sessions (Special) Case No.131/2023 within next 10(ten) days from today. Page No.# 3/3 9. On his appearance the petitioner shall be released on fresh bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Kamrup(Metro) Guwahati, Assam. 10. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant