Page No.# 1/3 GAHC010021292026 2026:GAU-AS:1779 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/267/2026 MD RABBUL ISLAM ALIAS RABBUL HUSSAIN SON OF LATE KASEM ALI RESIDENT OF VILLAGE BORALIMARI PO JURIA PS JURIA DISTRICT NAGAON ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S HAZARIKA, MS M HAZARIKA Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 10-02-2026 Heard Mr. S. Hazarika, the learned counsel for the petitioner. Also heard Mr. P. Borthakur, the learned Additional Public Prosecutor for the State respondent. 2. This is an application under Section 482 BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, namely, Md. Rabbul Islam who is apprehending his arrest in connection with Chariduar P.S. Case No. Page No.# 2/3 06/2025 (corresponding to G.R. Case No.50/2025/P.R. Case No. 810/2025) under Sections 137(2)/3(5)/96 of BNS, 2023. 3. It is submitted by Mr. Hazarika, learned counsel for the petitioner that the present petitioner is innocent and he has not committed any such offence as alleged in the FIR. Further, the petitioner is the permanent resident of the addressed locality and during the entire investigation, he never received any notice/summons from the I.O., nor he was searched by police during the investigation. He was not aware about the lodging of the case against him and he came to know about the case only when the summons was issued to him. 4. However, the petitioner is ready and willing to appear before the learned Trial Court and contest the case, if he is granted with the privilege of interim pre-arrest bail. 5. Mr. Borthakur, learned Addl. PP submitted in this regard that apart from the other Sections, the case is also charge sheeted under Section 96 of the BNS and at present, only summons was issued against the present petitioner. He was also shown as an absconder in the charge-sheet as he never cooperated in the investigation of the case. However, some interim protection may be provided with a direction to the petitioner to appear before the learned Trial Court with an appropriate application. 6. Considering the submissions made by learned counsel for both sides and on perusal of the record, it is seen that the petitioner was shown as an absconder and the learned Trial Court had issued only summons against the present petitioner and till date there is no order of issuance of Warrant against him. However, considering the submission of the learned counsel for the petitioner, it is directed that the petitioner shall appear before the learned Trial Page No.# 3/3 Court within a period of 15 (fifteen) days from the date of order with appropriate application for bail, which may be considered in accordance with law. 7. Further, till 15 (fifteen) days from the date of order, no coercive action shall be taken against the petitioner. 8. With the above observation and direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant