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2026 DAILYLAW 1414 (GAU)

ABDUL AZIZ v. THE STATE OF ASSAM AND ANR

AB/166/2026 · 2026-01-29

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010009272026 2026:GAU-AS:1111 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/166/2026 ABDUL AZIZ SON OF LATE ABDUL LATIF @ ABDUL SATTAR VILL- WEST HAFANI, P.O. KANAIBAZAR P.S. PATHARKANDI, DIST. SRIBHUMI (KARIMGANJ), ASSAM, PIN CODE-788724. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:RUMANA BEGUM D/O MD. AMIR UDDIN VILL- PAILAMULI P.O. KATABARI P.S. PATHARKANDI DIST. SRIBHUMI (ERSTWHILE KARIMGANJ) ASSAM PIN NO. 788726 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,J M SULAIMAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.01.2026 1. Heard Mr. J. M. Sulaiman, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special (POCSO) Case No.31/2020, pending in the Court of the learned Sessions Judge, Karimganj. 3. The petitioner is an accused before the Trial Court. After being released on bail, he regularly attended the Court; however, on 30.06.2023 and 22.08.2023, he remained absent without taking any steps. Therefore, the Trial Court directed to issue non-bailable warrant of arrest against him. 4. Learned counsel for the petitioner has submitted that there was a miscommunication between the petitioner and his lawyer therefore, he could not appear before the Court on time. 5. Learned Additional Public Prosecutor has objected to this anticipatory bail application. 6. I have also considered the submissions made by learned counsel for the both sides. 7. Under the given circumstances, the prayer of the petitioner Abdul Aziz is allowed. Page No.# 3/3 8. Therefore, the petitioner Abdul Aziz shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sessions Judge, Karimganj. 9. It is hereby directed that the petitioner shall regularly appear before the Trial Court without any fail, if he fails to do so, the Trial Court shall have the liberty to procure his attendance by due process of law. 10. With the aforesaid direction, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant