Page No.# 1/3 GAHC010204342026 2026:GAU-AS:14090 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1325/2026 SHRI BEDANTA GOGOI S/O MAHENDRA NATH GOGOI RESIDENT OF CLUB ROAD,JANAPATH, NEAR SAIKIA GAS AGENCY P.S AND P.O. JORHAT, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP ,ASSAM Advocate for the Petitioner : MR. R DUTTA, M DEKA,MS. D BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 23.09.2026 Heard Ms. M. Deka, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. In this petition, under Section 528 read with Section 438 of the BNSS, the petitioner has challenged the orders dated 14.05.2026 and 29.08.2026, passed by the learned Sub-Divisional Judicial Magistrate, Jorhat (trial court hereinafter), in PR Case No. 572/2022, arising out of Jorhat PS Case No. 183/2019. 3. It is to be noted here that vide impugned orders dated 14.05.2026 and Page No.# 2/3 29.08.2026, the learned trial court had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) as well as proclamation and attachment against the present petitioner. 4. Ms. Deka, learned counsel for the petitioner, submits that the petitioner is an accused in PR Case No. 572/2022, arising out of Jorhat PS Case No. 183/2019. Ms. Deka further submits that though summon was issued by the learned trial court, after filing of the charge-sheet by the IO, against the present petitioner, he never received the same, for which he could not appear before the learned trial court, for which NBWA as well as the proclamation and attachment were issued against him, vide orders dated 14.05.2026 and 29.08.2026. Ms. Deka also submits that the petitioner will appear before the learned trial court and face the trial and therefore, she has contended to set aside and quash the aforementioned orders. 5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, submits that the case is pending since the year 2019. However, he submits that the petitioner may be directed to appear before the learned trial court and to apply for regular bail and in the event of filing such an application, the learned trial court may be directed to consider the same in accordance with law. 6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also perused the impugned orders dated 14.05.2026 and 29.08.2026, passed by the learned trial court. 7. In view 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 allow this petition. Page No.# 3/3 8. It is provided that the petitioner shall appear before the learned trial court on or before 09.10.2026 and apply for regular bail and in the event of filing such an application, the learned trial court shall consider the same in accordance with law. 9. Till then, NBWA as well as the proclamation and attachment issued against the present petitioner, shall be kept in abeyance. 10. In terms of above, this petition stands disposed of. JUDGE Comparing Assistant