Page No.# 1/2 GAHC010045982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./308/2026 BARKAT ALI S/O AJGAR ALI, VILL. DHUPDHARA PT I, P.O. AND P.S. DHUPDHARA, DIST. GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 10.03.2026 Heard Mr. D Gogoi, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No. 556/2025 pending in the Court of the learned Additional Chief Judicial Magistrate, Goalpara. Page No.# 2/2 3. The petitioner has been charge-sheeted in a Sessions’ triable case and therefore, the learned Additional Chief Judicial Magistrate, Goalpara issued summons against him in respect of PRC Case No. 556/2025. Now, the petitioner apprehends that if he appears before the trial court, he will be remanded to custody because this Court has no jurisdiction to entertain his bail application. 4. I have considered the submissions made by the learned counsel of both sides. 5. Mr. Gogoi submits that the petitioner wants to face the trial and therefore, he should be given one opportunity to that effect. 6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to face the trial. 7. Therefore, the prayer of the petitioner is allowed. 8. The petitioner Barkat Ali is directed to appear before the trial court in respect of PRC Case No. 556/2025 within next 10 (ten) days from today. On his appearance, he shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Goalpara. 9. The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, without showing sufficient reasons, the trial court shall be at liberty to procure his attendance in accordance with the procedures as laid by law. With the aforesaid direction, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant