Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010093842026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./681/2026 RUPJYOTI BORAH S/O SRI HAREN BORAH R/O MALOWALI MONAIMAJI, P.O. DHEKORGORAH, P.S. JORHAT, IN THE DISTRICT OF JORHAT, ASSAM, PIN-785015 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM.
2:SRI GUNA CHANGMAI S/O SRI KAMAL CHANGMAI R/O CHANDAN NAGAR P.O. JORHAT P.S. JORHAT DIST. JORHAT ASSAM PIN-78500 Advocate for the Petitioner : MR P KATAKI, U BARUAH,MS. A LALA,MS N KASHYAP,MRS R BEGUM Advocate for the Respondent : PP, ASSAM,
Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 18.05.2026 Heard the learned Senior Counsel Mr. P Kataki assisted by Ms. A Lala, appearing for the petitioner. Also heard Mr. P Borthakur, 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 N.I. Case No.07/2020 pending in the court of the learned Addln. Chief Judicial Magistrate, Jorhat.
3. It is submitted that the Warrant of Arrest issued against the present petitioner Rupjyoti Borah was not sent to the petitioner and instead the trial court issued NBWA against him.
4. I have considered the submissions made by the learned counsel of both sides.
5. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that the impugned orders are bad in law and all orders directing issue of NWBA against the present petitioner in respect of N.I. Case No.07/2020 are set aside.
6. It is hereby directed that the petitioner, namely petitioner Rupjyoti Borah is directed to appear before the trial court on 30.05.2026. On his appearance, the petitioner Rupjyoti Borah shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of the Addln. Chief Judicial Magistrate, Jorhat. With the aforesaid direction, the Criminal Petition stands disposed of.
JUDGE Comparing Assistant