Page No.# 1/3 GAHC010176002026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1164/2026 SORHAF ALI ALIAS SURHAB ALI S/O HASHEM ALI, R/O VILL GUTIPARA, PT II, P.O.- GUTIPARA, P.S.- BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783349 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, MR K ISLAM,MR A ALIM SK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 21.08.2026 Heard Mr. A.A. Sk., learned counsel for the petitioner and Ms. B. Bhuyan, learned Additional Public Prosecutor cum Senior Counsel assisted by Ms. R. Saloi, learned counsel, for the State. 2. In this petition, under Section 528/438 of the BNSS, the petitioner has challenged the orders dated 01.04.2026 and 17.06.2026 and all subsequent orders, passed in PR Case No. 40/2024, arising out of Kaliabor PS Case No. 111/2023, under Section 14(1)/14(1-A) of Child and Adolescent Labour (P&R) Page No.# 2/3 Act (Act hereinafter), by learned Judicial Magistrate First Class, Kaliabor, Nagaon (JMFC hereinafter). 3. It is to be noted here that vide impugned orders dated 01.04.2026 and 17.06.2026 and by all subsequent orders, the learned JMFC had issued Non- Bailable Warrant of Arrest (NBWA hereinafter) against the petitioner. 4. Mr. Sk., learned counsel for the petitioner, submits that the petitioner is one of the accused in PR Case No. 40/2024, arising out of Kaliabor PS Case No. 111/2023, under Section 14(1)/14(1-A) of the Act and the said case is pending before the learned JMFC and on 01.04.2026, 17.06.2026 and on all subsequent dates, the petitioner could not appear before the court on account of communication gap between him and his engaged counsel, as the petitioner has lost his mobile phone. 4.1. Mr. Sk. further submits that the petitioner is ready to face the trial and he will appear before the learned JMFC and therefore, Mr. Sk. has contended to set aside the impugned orders dated 01.04.2026 and 17.06.2026 and all subsequent orders, by which NBWA was issued against the petitioner. 5. Per-contra, Ms. Bhuyan, learned Additional Public Prosecutor cum Senior Counsel, submits that by fixing a date, the petitioner may be directed to appear before the learned JMFC and to apply for regular bail. 6. Taking note of the submissions 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 by directing the petitioner to appear before the learned JMFC on 09.09.2026 and to apply for regular bail. 7. In the event of filing such an application, the learned JMFC shall consider the same in accordance with law. Page No.# 3/3 8. Till 09.09.2026, the NBWA issued against the petitioner, vide impugned orders dated 01.04.2026 and 17.06.2026 and by all subsequent orders, shall be kept in abeyance. JUDGE Comparing Assistant