Page No.# 1/2 GAHC010064392026 2026:GAU-AS:4523 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./464/2026 RABIYAL ISLAM S/O LATE ABDUL ALI VILLAGE - BOGAIGANPARA, P.S.- HOWLI, DISTRICT - BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 30.03.2026 1. Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. Bhaskar Sharma, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.05/2022 pending in the Court of the learned Chief Judicial Magistrate, Kamrup, Amingaon. 3. The petitioner, Rabiyal Islam has been facing trial before the Court below. During the pendency of the trial, he had to go to the State of Kerela for earning his livelihood. Therefore, the Trial Court issued non-bailable warrant of arrest against him. Page No.# 2/2 4. Learned counsel for the petitioner submitted that the prosecution has already examined 3 (three) witnesses. 5. Learned counsel for the petitioner further submits that the petitioner is interested in facing trial and, therefore, he should be given adequate opportunity to that effect. 6. I have considered the submissions made by the learned counsel for both sides. 7. Since, the petitioner, Rabiyal Islam is interested in facing the trial, he deserves to be given adequate opportunity to that effect. 8. Therefore, all orders directing issue of non-bailable warrant of arrest against him in respect of PRC Case No.05/2022 are set aside. 9. The petitioner, Rabiyal Islam is directed to appear before the Court of the learned Chief Judicial Magistrate, Kamrup, Amingaon in respect of PRC Case No.05/2022 within a period of 10 (ten) days from today and on his appearance, the petitioner shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup, Amingaon. 10. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant