Page No.# 1/3 GAHC010019442026 2026:GAU-AS:1674 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./164/2026 ALAUDDIN ALI S/O LATE ATOWAR RAHMAN RESIDENT OF VILL- CHENGA MUSALMAN GAON,P.S. PATHSALA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S BORA, MS J RAJKUMARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.02.2026 1. Heard Mr. S. Bora, learned counsel for the petitioner. Also heard Mr. K. K. Das, 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.204/2025, pending in the Court of the Page No.# 2/3 learned Chief Judicial Magistrate, Bajali, Pathsala. 3. The petitioner Alauddin Ali has been shown as an absconder in the Charge- Sheet. The Trial Court directed issue of warrant of arrest against him. 4. The petitioner submits that he is interested in facing the Trial and, therefore, he deserves to be given adequate opportunity to that effect. 5. Learned Additional Public Prosecutor has objected to this prayer. 6. I have considered the submissions made by the learned counsel for both sides. 7. Since, the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to contest the case. 8. Therefore, his application is allowed. 9. The orders directing issue of non-bailable warrant of arrest against him is set aside. 10. The petitioner Alauddin Ali is directed to appear before the trial court of learned Chief Judicial Magistrate, Bajali, Pathsala in respect of PRC Case No.204/2025 on 13.02.2026 and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Bajali, Pathsala. 11. It is hereby directed that the petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, the trial court shall have Page No.# 3/3 the liberty to procure his attendance in accordance with the procedure as laid down by law. 12. With the aforesaid direction, Criminal Petition stands disposed of. JUDGE Comparing Assistant