Page No.# 1/2 GAHC010093552026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./658/2026 BHABESH SAIKIA S/O. SRI BINIT SAIKIA, R/O. VILL.- NARUATHAN, P/S. AND DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR B DEORI, MR. B K GOGOI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 14.05.2026 1. Heard Mr. A. Khanikar, learned counsel for the petitioner. Also heard Mr. M. 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 C.R. Case No.5361/2017, pending in the Court of the learned Sub-Divisional Judicial Magistrate (S)-II, Kamrup (Metro) at Guwahati. 3. For his default in appearance, the learned Trial Court issued NBWA against the present petitioner, Bhabesh Saikia. He submits that, at one point of time, the Page No.# 2/2 matter was referred to mediation and thereafter the COVID-19 pandemic intervened. Due to these circumstances, he lost communication with his learned counsel and, consequently, could not appear before the learned Court below. The petitioner now submits that he now interested to face the trial and, therefore, he should be given adequate opportunity to that effect. 4. I have considered the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that since the petitioner is interested in facing the trial he should be given adequate opportunity to that effect. Therefore, his application is allowed. 6. The warrant of arrest issued against the present petitioner, Bhabesh Saikia shall be recalled. 7. The petitioner, Bhabesh Saikia is directed to appear before the Court below within a period of 10 (ten) days from today 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 Sub-Divisional Judicial Magistrate (S)-II, Kamrup (Metro) at Guwahati. 8. With the aforesaid direction, this Criminal Petition stands disposed of. JUDGE Comparing Assistant