Page No.# 1/5 GAHC010153832026 2026:GAU-AS:10938 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/744/2026 ABHISHEK BHATTACHARJEE S/O- SRI AMAR BHATTACHARJEE, R/O - NEPAL TILLA, KUMARGHAT, DIST. UNAKOTI, TRIPURA VERSUS THE STATE OF ASSAM and ANR REPRESENTED BY - P.P.,ASSAM 2:MAMPI CHAKRABORTY DAUGHTER OF - SHRI ANANTA CHAKRABORTY PADAMPUR P.S. - DHARMANAGAR DISTRICT - NORTH TRIPURA PRESENT ADDRESS - PATHARKANDI P.S. PATHARKANDI DISTRICT - KARIMGANJ ASSA Advocate for the Petitioner : MS A ROY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 06.08.2026 Heard Mr. T. Bharali, learned counsel appearing for the applicant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor appearing for the State respondent. 2. By way of this application filed under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant, Abhishek Bhattacharjee, seeks disposal of the application filed before the learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati (hereinafter referred to as the “trial Court”) on 22.07.2026 in terms of the directions issued by this Court in its judgment and order dated 13.07.2026 passed in connected Criminal Petition No. 976/2026. 3. It appears that while disposing of Criminal Petition No. 976/2026, this Court, taking a pragmatic view of the matter, directed the petitioner to appear before the trial Court within fifteen days and cooperate with the trial. Till such appearance, the Non-Bailable Warrant of Arrest (NBWA) and the proclamation issued against him vide order dated 15.11.2025 were kept in abeyance. 4. It is not in dispute that within the aforesaid period of fifteen days, i.e., on 22.07.2026, the petitioner appeared before the learned trial Court and filed an application, enclosing a certified copy of this Court’s order dated 13.07.2026, praying that he be permitted to remain on his previous bail and that the NBWA and proclamation be recalled. 5. Mr. T. Bharali, learned counsel appearing for the applicant, Page No.# 3/5 submits that despite the petitioner’s appearance within the time stipulated by this Court, the learned trial Court has not passed any order on the said application. 6. I have considered the submissions advanced by the learned counsel for the parties and have perused the materials available on record. 7. The relevant portion of the order dated 13.07.2026 passed in Criminal Petition No. 976/2026 reads as follows: “5. This case is pending for evidence. I have taken a pragmatic view. As the case is pending for evidence, it is not necessary to procrastinate the case any further. Since the petitioner is willing to cooperate with the trial, the NBWA and proclamation issued against him vide order dated 15.11.2025 is kept in abeyance for 15 (fifteen) days. Within this 15 (fifteen) days, the petitioner is directed to appear before the trial court and cooperate with the trial.” 8. A plain reading of the aforesaid order leaves no manner of doubt that this Court had consciously kept the NBWA and proclamation in abeyance solely to facilitate the petitioner’s appearance before the trial Court within the stipulated period. The petitioner admittedly complied with the said direction by appearing before the learned trial Court on 22.07.2026 and filing an application seeking permission to remain on his previous bail. 9. Paragraph 4 of the instant interlocutory application reads as follows: “4. That in pursuant to Order dated 13.07.2026, the applicant/petitioner went before the learned Court of Additional Sessions Judge (No.1), Kamrup (M) at Guwahati with an application dated 22.07.2026 along with a certified copy of the Page No.# 4/5 Order dated 13.07.2026 to allow him to proceed with the case by recalling the NBWA and P&A and/or to pass such further order in accordance with the Order dated 13/07/2026 passed by this Hon'ble Court by filing an application to that effect. However, on being filed, the learned Additional Sessions Judge (No.1), Kamrup (M) at Guwahati, upon perusal of the Order and the application was not pleased to accept the same upon taking a view that what would happen of the NBWA and P&A issued against the petitioner after expiry of aforesaid 15 days time. With such view the learned Additional Sessions Judge (No.1), Kamrup (M) at Guwahati refused to accept and be pleased to return the application dated 22.07.2026 with a verbal suggestion to bring a clarified Order to the effect that the consequence of the NBWA & P&A issued against the petitioner after expiry of 15 days time.” 10. It is evident that the petitioner faithfully complied with the directions issued by this Court. Once he appeared before the trial Court within the period specified in the order dated 13.07.2026, the very purpose for which the NBWA and proclamation had been kept in abeyance stood fulfilled. In such circumstances, the learned trial Court ought to have passed appropriate orders recalling the NBWA and proclamation and thereafter considered the petitioner’s prayer for permitting him to remain on his previous bail. 11. It is indeed surprising that despite the unequivocal directions issued by this Court and the petitioner’s due compliance therewith, the learned trial Court neither passed any order on the pending application nor recalled the NBWA and proclamation. Such inaction has the effect of frustrating the very purpose of the order passed by this Court. 12. In the above facts and circumstances, and in order to secure the ends of justice, this Court is of the considered opinion that the NBWA and proclamation issued against the petitioner pursuant to the order Page No.# 5/5 dated 15.11.2025 deserve to be set aside. 13. Accordingly, the NBWA and proclamation issued against the applicant by the learned trial Court vide order dated 15.11.2025 stand recalled and set aside. 14. The applicant shall appear before the learned trial Court on the next date fixed in the case, i.e., 10.09.2026, and shall continue to cooperate with the trial without seeking any unnecessary adjournment. Upon his appearance, the learned trial Court shall permit the applicant to remain on the bail granted earlier, subject to the same terms and conditions, and shall thereafter proceed with the trial strictly in accordance with law. 15. With the above directions and observations, this application stands disposed of. JUDGE Comparing Assistant