Page No.# 1/3 GAHC010049212026 2026:GAU-AS:4990 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./349/2026 ROFIQUL ISLAM AND ANR S/O NURUL HOQUE R/O JHAGRARPAR PART-III DIST. DHUBRI, ASSAM 2: MOHIBUL HOQUE S/O NURUL HOQUE R/O JHAGRARPAR PART-III DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MD. REZAUL ISLAM S/O LATE AFZAL HUSSAIN R/O JHAGRARPAR PART-III P.S. DHUBRI DIST. DHUBRI ASSAM Advocate for the Petitioner : MR. S M MOLLAH, MR. M MONDAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 06.04.2026 1. Heard Mr. S. M. Mollah, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of PRC Case No.1093/2025 pending in the Court of the learned Chief Judicial Magistrate, Dhubri. 3. The petitioners, Rofiqul Islam and Mohibul Hoque are shown as absconders in the Charge-Sheet, they have received summons. They now apprehend that if they appear before the Trial Court, they may be remanded to custody. 4. Learned Additional Public Prosecutor has pointed out that during the investigation period, the Interlocutory Application of the petitioners were rejected by this Court. 5. I have considered the submissions made by the learned counsel for both sides. 6. Now, Charge-sheet has been filed and the petitioners are interested in facing the trial and, therefore, they should be given adequate opportunity to that effect. Therefore, the application of the petitioners is allowed. 7. The petitioners, Rofiqul Islam and Mohibul Hoque are directed to appear before the learned Chief Judicial Magistrate, Dhubri in respect of PRC Case No.1093/2025 within a period of 10 (ten) days from today and on their appearance, Page No.# 3/3 the petitioners shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the Chief Judicial Magistrate, Dhubri. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant