Page No.# 1/3 GAHC010126392026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./937/2026 BILLAL UDDIN S/O- LATE NUR UDDIN, VILL.-BAKULGURI, P.O.-BARAPUTIA, P.S.- KAMPUR, DIST.-NAGAON, ASSAM. PIN-782428 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY LEARNED P.P., ASSAM 2:MD ATABUR RAHMAN S/O- LATE BASIR UDDIN R/O- SIMLAI PATHAR P.O.-BARAPUTIA P.S.-KAMPUR DIST.-NAGAON ASSAM PIN-78242 Advocate for the Petitioner : MR. S AHMED, MR M RAHMAN,MR. P K BORDOLOI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 07.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Public Prosecutor for the State. None has appeared on behalf of the respondent No. 2 despite the service of notice. 2. This is an application filed under Section 528 of the BNSS, 2023, challenging the issuance of NBWA against the petitioner by the learned trial Court. The charge sheet has been filed in the case under Sections 137(2)/ 61(2)/ of BNS, read with Section 4 of the POCSO Act. 3. The petitioner apprehends that he may be arrested in the event of his appearance before the Court and therefore, abstained from appearing. The charge sheet was filed showing the petitioner as an absconder, though he was never arrested during the course of investigation. Learned counsel for the petitioner submits that the petitioner was, in fact, very much available at his residence throughout the investigation. 4. The allegation as contained in the charge sheet would show that the alleged victim, who was shown as 17 years of age, had eloped with the petitioner and referring to the medical report, the learned counsel submits that the age of the victim is shown as 18-19 years and there is no birth certificate of the victim available and therefore, the charge sheet ought not to have been filed under the provision of the POCSO Act. Page No.# 3/3 5. Be that as it may, having regard to the submission of learned counsel for the petitioner that the petitioner shall appear before the learned trial Court, and considering the nature of the allegations levelled against him, I am of the view that the petitioner need not be taken into custody for the purpose of facing the trial, if commenced against him. 6. Accordingly, the NBWA issued against the petitioner stands recalled. 7. Accordingly, it is directed that the petitioner shall appear before the learned trial Court on the next date fixed and upon such appearance, the petitioner shall be released on bail on furnishing a bail bond of 50,000/- with 2 (two) sureties of the like amount to the satisfaction of the learned trial Court. 8. Resultantly, the criminal petition stands disposed of. JUDGE Comparing Assistant