Page No.# 1/3 GAHC010091822026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./645/2026 ABDUL ALIM AND 3 ORS. S/O LATE ATOWAR RAHMAN 2: MIZANUR RAHMAN S/O LATE ATOWAR RAHMAN 3: AZIZUR RAHMAN S/O LATE ATOWAR RAHMAN 4: ABDUL LATIF S/O LATE KURSHED ALI ALL ARE RESIDENTS OF VILL- DUBACHURI PART-I P.S. MERERCHAR DIST. BONGAIGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MS R DEKA,MR. SAYED SALIM AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.05.2026 Heard Mr. S S Ahmed, the learned counsel appearing for the petitioners as well as Mr. B Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No.64/2026 pending in the court of the learned Sub- Divisional Judicial Magistrate, North Salmara, Abhayapuri. 3. The petitioners, namely, 1.Abdul Alim, 2. Mizanur Rahman, 3. Azizur Rahman and 4. Abdul Latif are shown as absconders in the charge-sheet. They have received summons from the trial court. They now apprehend that if they appear before the court of the learned Sub- Divisional Magistrate, North Salmara, Abhayapuri, they will be remanded to custody because this Court does not have the jurisdiction to entertain their bail application. 4. Mr. Sarma has objected to the application on the ground that during investigation period the above-named petitioners did not cooperate with police investigation and they were on the run and therefore their application should not be considered. 5. Mr. Ahmed has submitted that the petitioners are interested in facing the trial. 6. I have given my anxious consideration to the submissions made by the learned counsel of both sides. 7. This Court is of the opinion that since the petitioners are interested in facing the trial, they should be given adequate opportunities to that effect. Page No.# 3/3 8. It is hereby directed that the 1.Abdul Alim, 2. Mizanur Rahman, 3. Azizur Rahman and 4. Abdul Latif shall appear before the Court of the learned Sub- Divisional Judicial Magistrate, North Salmara, Abhayapuri within next 10 (ten) days. On their appearance, they shall be released on bail of Rs.25,000/- each with sureties of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant