Page No.# 1/2 GAHC010018072026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./121/2026 MD NUR ALI HUDA ALIAS AMINUR RAHMAN SON OF KABIR ALI R/O 2 NO. BARCHALA P.S. NAOBOISA DIST. LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MD. SORIFUL ISLAM S/O MD. ABDUL MOZID R/O 2 NO. BORCHALA GAON P.S.NORTH LAKHIMPUR DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 05.02.2025 Heard Mr. B Chowdhury, the learned counsel appearing for the petitioner. Also heard Mr. K K Das, the learned Additional Public Prosecutor for the State of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 in respect of Special (POCSO) Case No. 87/2021 pending in the Court of the learned Special Judge (POCSO), Lakhimpur, Assam. 3. The petitioner and the daughter of the informant/respondent No. 2 had committed some acts for which, on the basis of an FIR lodged by the respondent No. 2, a POCSO case was registered against the present petitioner. Subsequently, they attained majority. The petitioner and the girl had filed an application under the Special Marriage Act. 4. The learned counsel for the petitioner submits that the petitioner is interested in facing the trial and therefore, he may be given an opportunity to that effect so that he can contest the case before the trial court. 5. I have considered the submissions made by the learned counsels of both sides. 6. Under the given circumstances, this Court is of the opinion that the petitioner deserves to be given an opportunity to face the trial. Therefore, all orders directing issue of Non-Bailable Warrant of Arrest against the present petitioner Md. Nur Ali Huda @ Md. Aminur Rahman are set aside. 7. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to that effect. Therefore, his petition is allowed. 8. It is hereby directed that the petitioner Md. Nur Ali Huda @ Md. Aminur Rahman shall appear before the trial court on 16.02.2026 in respect of Special (POCSO) Case No. 87/2021. On his appearance, the petitioner Md. Nur Ali Huda @ Md. Aminur Rahman shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Lakhimpur. 9. The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to appear, the trial court shall be liberty to procure his attendance in accordance with the procedures as laid down by law. With the aforesaid direction, the present Criminal Petition stands disposed of. JUDGE Comparing Assistant