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2026 DAILYLAW 6368 (GAU)

SRI BIPUL BORA v. THE STATE OF ASSAM AND ANR

Crl.Pet./655/2026 · 2026-05-13

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/3 GAHC010092042026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./655/2026 SRI BIPUL BORA S/O SRI DANDIRAM BORA R/O VILL- BORALIGAON P.S. KALIABOR DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SMTI. SOROJINI SAIKIA W/O SRI SUREN DEKA R/O NO. 2 GANESPHPUR LALMATI P.S. BASISTHA GUWAHATI-781029 DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 14.05.2026 1. Heard Mr. B. Chowdhury, 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 G.R. Case No.6644/2011, pending in the Court of the learned Sub-Divisional Judicial Magistrate (S)-II, Kamrup (Metro) at Guwahati. 3. During the course of investigation, the petitioner, Bipul Bora was arrested and subsequently released on bail. Thereafter, a Charge-sheet was filed against him. However, he failed to appear before the learned Trial Court, for which the learned Trial Court directed issuance of NBWA as well as P&A against him. The petitioner 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 as well as P&A against the petitioner, Bipul Bora shall be recalled. 7. The petitioner, Bipul Bora is directed to appear before the Court below within Page No.# 3/3 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