Page No.# 1/3 GAHC010156732026 2026:GAU-AS:11650 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1090/2026 ABDUL KHALEQUE S/O- LATE SAMSUL HOQUE, VILLAGE - CHIKNI, P.S.- KALGACHIA, DISTRICT - BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. N UDDIN, MR. M ISLAM,MR S K CHHETRY Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 17.08.2026 Heard Mr. N. Uddin, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State Page No.# 2/3 respondent. 2. This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is preferred by the petitioner challenging the order dated 12.11.2024 and also the order dated 29.05.2026, passed by the learned Additional Chief Judicial Magistrate, Barpeta, whereby non-bailable warrant of arrest along with proclamation was issued afresh, against the petitioner, fixing the matter on 30.07.2026 for appearance. 3. Mr. Uddin, learned counsel for the petitioner submits that the petition is an accused in PRC Case No.611/2018, under Section 304(B)/34 IPC and in the said case he was appearing before the Court of learned Additional C.J.M., Barpeta. But, on account of his livelihood, he left for Haryana and he could not appear before the learned Court below on 12.11.2024, and also his counsel did not take any step, for which the learned Additional Chief Judicial Magistrate, Barpeta, had issued non-bailable warrant of arrest against him and continued to issue the same till 29.05.2026. 4. Mr. Uddin further submits that the petitioner is ready to face trial and he may be given a chance to appear before the learned Trial Court to face the trial and therefore, he has contended to allow this petition. 5. Mr. Borthakur, learned Additional Public Prosecutor, Assam, submits that till the next date, the warrant of arrest issued against the petitioner may be kept in abeyance affording him an opportunity to appear before the learned Trial Court. 6. Mr. Uddin, learned counsel for the petitioner submits that the next date is 27.11.2026. 7. Accordingly, taking note of the submission of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition at this motion stage itself, by directing the petitioner to appear before the Court of learned Additional Chief Judicial Magistrate, Barpeta, on or before 09.09.2026, and to apply for regular bail, and in the event of filing such an application, the learned Addl. C.J.M., Barpeta, shall consider the same in accordance with law. Page No.# 3/3 8. Till then, the non-bailable warrant of arrest issued against the petitioner shall be kept in abeyance. Comparing Assistant Sd/- Robin Phukan JUDGE