Page No.# 1/3 GAHC010075792026 2026:GAU-AS:6284 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/814/2026 ALAUDDIN DEWAN S/O LATE JAHUR ALI, R/O VILL THULIKATA, PO AND PS BELSOR, DIST NALBARI, ASSAM, PIN 781304 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 07-05-2026 Heard Mr. I. Alam, learned counsel for the petitioner and Ms. S. H. Borah, learned Additional Public Prosecutor, for the State respondent. 2. This is application under Section 482 BNSS, 2023 praying for grant of pre- arrest bail to the accused/petitioner, namely, Alauddin Dewan who is Page No.# 2/3 apprehending arrest in connection with Belsor P.S. Case No. 365/2021 registered under Sections 120(B)/261/471/468/420/409 IPC. 3. Scanned copy of the TCR has been received. Perused the same. 4. It is submitted by Mr. Alam that the petitioner is innocent and a concocted case has been instituted against him only the issue that in his Admit Card of HSLC Examination before the Roll Number one RX is there. However, the case has been charge sheeted showing the petitioner as an absconder, though he was not aware about pendency of this case as he was never searched by police during investigation of the case. 5. However, the petitioner came to know about the issuance of NBWA and P&A against him by the learned Trial Court and for which the present pre arrest bail application has been filed by the petitioner seeking some interim protection so that he can appear before the learned Trial Court. 6. Ms. Borah, learned APP raised objection and submitted that the present petitioner did not cooperate in the investigation of the case and for which, he was shown as an absconder in the charge sheet and cognizance was accordingly taken on 06.08.2024 issuing summon against him on 22.10.2024 . But inspite of receipt of summons, the petitioner did not appear before the learned Trial Court, for which the learned Trial Court initially issued B/W and subsequently had to issued NBWA along with P&A. However, she submitted that a direction may be given to the petitioner to appear before the learned Trial Court for regular bail. 7. Heard the submissions made by the learned counsel for the parties and I have also perused the scanned copy of the TCR wherefrom it reveals that the learned Trial Court took all endeavour to procure the presence of the petitioner, Page No.# 3/3 who was initially served with a summon and then B/W and subsequently NBWA along with P&A had to be issued. The petitioner was also shown as an absconder in the charge sheet as it is reported that he did not cooperated in the investigation of this case. 8. In view of above, without going into the detail merit of the case, this Court is of the opinion that one opportunity may be given to the petitioner to appear before the learned Trial Court with an appropriate application for bail which may be considered in accordance with law. 9. Accordingly, the petitioner is hereby directed to appear before the learned Trial Court within a period of 15 (fifteen) days from the date of order and to file an appropriate application for bail. 10. Till next 15(fifteen) days the NBWA and P&A issued by the learned Trial Court against the present petitioner shall be kept in abeyance enabling the petitioner to appear before the learned Trial Court with an appropriate application for regular bail. 11. With the above observation and direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant