Page No.# 1/2 GAHC010044002026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./297/2026 TAHIRUL ISLAM SON OF SATTAR ALI R/O VILL- CHAR KUKURMARAP.O. RADHAMADHAB HAT, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783131 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M ISLAM, MS A KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.03.2026 Heard Mr. M Islam, learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, learned Additional Public Prosecutor, Assam. This application has been filed under Section 528 of the BNSS, 2023 by the petitioner, namely, Tahirul Islam, in respect of PRC No. 324/2025 pending in the Court of the learned Judicial Magistrate 1st Class, South Salmara, Mankachar. Page No.# 2/2 The petitioner has been shown absconders in the charge sheet. The Trial Court issued Non Bailable Warrant of Arrest against him by order dated 23.12.2025. The learned counsel representing the petitioner has submitted that the petitioner is interested in facing the trial and, therefore, adequate opportunity should be given to him to contest the case. Since the offence alleged against the petitiones is sessions triable, the petitioner apprehends that if he appears before the learned Judicial Magistrate 1st Class, South Salmara, Mankachar he will not be released on bail and may send to custody. I have considered the submissions made by the learned counsel for both sides. Considering entire aspect of the matter, this Court is of the opinion that since the petitioner is interested to participate in the trial, an opportunity should be given to him. Therefore, the order dated 23.12.2025 passed in PRC No. 324/2025 by the learned Judicial Magistrate 1st Class, South Salmara, Mankachar issuing NBWA against the petitioners is set aside and recalled. In view of the above, the petitioner Tahirul Islam is directed to appear before the learned Judicial Magistrate 1st Class, South Salmara, Mankachar in respect of PRC No. 324/2025 within next 10 (ten) days from today. On his appearance, the learned Judicial Magistrate 1st Class, South Salmara, Mankachar shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Judicial Magistrate 1st Class, South Salmara, Mankachar. The petitioner is directed to appear before the learned Trial Court on each and every date of hearing and if he fails to do so, the learned Trial Court shall have the liberty to procure his attendance by following due procedure of law. With the above, the criminal petition is disposed of. JUDGE Comparing Assistant