Page No.# 1/3 GAHC010094212026 2026:GAU-AS:6702 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./665/2026 ASHADUL ISLAM S/O SAIFUL ISLAM R/O NO. 1 BORGHULI, P.S. ULUANI, DIST. NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:MUSST. MUBASIDA KHATUN D/O MOJIBUR RAHMAN R/O MURIPUTIKHALTI P.S. RUPAHIHAT DIST. NAGAON ASSAM PIN-78214 Advocate for the Petitioner : MR S M ABDULLAH P, MR. J JAKARIA,MR. MD IMDAD,MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2026 1. Heard Mr. S. M. Abdullah P, 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 PRC Case No.381/2024, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon, Assam. 3. The petitioner, Ashadul Islam is an accused before the Trial Court. Earlier his lawyer took steps on his behalf. Subsequently, his lawyer stopped taking steps on his behalf. Therefore, the Trial Court directed issue of NBWA against the petitioner. The petitioner submits that he is willing to face the trial and, therefore, he should be given an adequate opportunity to do so. 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 an adequate opportunity to that effect. Therefore, his application is allowed. 6. The warrant of arrest issued against the petitioner, Ashadul Islam shall be recalled. 7. The petitioner, Ashadul Islam is directed to appear before the Court of the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon, Assam in respect of PRC Page No.# 3/3 Case No.381/2024 within a period of 10 (ten) days from today and on his appearance, he shall be released on fresh bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon, Assam. 8. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant