Page No.# 1/3 GAHC010027142026 2026:GAU-AS:2269 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./217/2026 ALAL UDDIN S/O SURUJ ALI VILL. BAHADURPUR, P.O. ASHALKANDI, P.S. PATHARKANDI, DIST. SRIBHUMI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:LALREMRUATI D/O LALTHUAMI VILL. DURMAN P.S. SERCHHIP P.O. SERCHHIP MIZORAM PIN-79618 Advocate for the Petitioner : MR. A M S MAZUMDER, A W BARBHUIYA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R Date : 17.02.2026. Heard Mr. AMS Mazumder, learned counsel for the petitioner. Also heard Mr. K.K. Page No.# 2/3 Das, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1. This is an application under Section 528 read with Section 438/442 of the BNSS, 2023 and Article 227 of the Constitution of India praying for setting aside the order of issuance of the NBWA dated 06.06.2025 and on other subsequent dates by the learned Additional Sessions Judge (FTC), Sribhumi. During the course of deliberation, it is submitted by Mr. Mazumder, the learned counsel that the petitioner was regularly appearing before the learned Trial Court below and on 07.03.2025, both the accused persons remained absent with step and their petition was also allowed by the Trial Court fixing the date for further prosecution evidence. However, on the next date i.e. on 06.06.2025, the petitioner remain unrepresented and he was absent without step, for which the NBWA was issued against him and the case was fixed for further prosecution evidence. However, as the NBWA was issued against the petitioner, he could not appear before the learned Trial Court below and another two/three occasions the NBWA was issued against him. It is further submitted by Mr. Mazumder, the learned counsel that the present petitioner was on bail and he was also appearing before the learned Trial Court but on 06.06.2025, as he was not represented by his counsel, he remained without step. However, the petitioner is ready and willing to appear before the learned Trial Court below and to contest the case, by appearing on each and every date to be fixed by the learned Trial Court. Mr. Das, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1 raised objection and submitted that it is a case of gang rape Page No.# 3/3 wherein the petitioner remained absent for two/three occasions for which the Additional Sessions Judge (FTC), Sribhumi had to issue the NBWA against the petitioner and hence, he submitted that the impugned orders may not be set aside and quashed at this stage. Hearing the submissions made by the learned counsel for both sides and the earlier conduct of the accused petitioner, I find that he may be given a chance to appear before the learned Trial Court below with an appropriate application for bail, which may be considered in accordance with law. Accordingly, the petitioner is directed to appear before the learned Trial Court within 15 (fifteen) days from today and will pray for regular bail, which will be considered in accordance with the law. Further, within these 15 (fifteen) days, the NBWA and P/A, issued against the present petitioner will be stayed/suspended. With the above observation, this petition stands disposed. JUDGE Comparing Assistant