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2026 DAILYLAW 2295 (GAU)

MD ALAMUDDIN ALIAS MD ALIMUDDIN v. THE STATE OF ASSAM AND ANR

Crl.Pet./169/2026 · 2026-03-22

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010021622026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./169/2026 MD ALAMUDDIN ALIAS MD ALIMUDDIN S/O MD. DILBAR ALI R/O NO. 2 ALEGJARI, P.S. BOKO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MD. SAFAR ALI S/O LATE SADIM ALI R/O DEKENABAR BHABANIPUR P.S. CHHAYGAON DIST. KAMRUP ASSA Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, Amicus Curiae for R-2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 23.03.2026 Heard Ms. P Kalita, learned counsel appearing for the petitioner. Also heard Page No.# 2/2 Mr. D P Goswami, learned Additional Public Prosecutor for the State of Assam as well as Mr. S Das, learned Amicus Curiae appearing for the respondent No.2. 2. This is an application under Section 528 of the BNSS, 2023 praying for setting aside the orders directing issue of Non-Bailable Warrant of Arrest against the petitioner by the learned Special Judge (POCSO), Kamrup, Guwahati at Amingaon in Special (POCSO) Case No.127/2022. 3. The contention of the petitioner is that he wants to contest the case and therefore, he should be given adequate opportunities to that effect. 4. Since the petitioner is interested in facing the trial, therefore he deserves to be given adequate opportunities to that effect. 5. Therefore, the prayer of the petitioner is allowed. 6. All orders directing issue of Non-Bailable Warrant of Arrest against the petitioner Md. Alamuddin @ Md. Alimuddin in respect of Special (POCSO) Case No.127/2022 are set aside. 7. The petitioner Md. Alamuddin @ Md. Alimuddin is directed to appear before the Court of the learned Special Judge (POCSO), Kamrup, Guwahati at Amingaon within next 7 (seven) days from today. On his appearance, he shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup, Guwahati at Amingaon. 8. With the aforesaid direction, this Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant