Page No.# 1/3 GAHC010088312026 2026:GAU-AS:6432 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./634/2026 AKBAR ALI AND 5 ORS. S/O- LT. MAZOM ALI 2: AMOD ALI S/O-LT. MAZOM ALI 3: SERAK ALI S/O- LT. MAZOM ALI 4: NUR MOHAMMAD S/O - AKBOR ALI 5: NUR ISLAM S/O - AKBOR ALI 6: NURAL HOQUE S/O - AKBOR ALI ALL ARE OF VILLAGE- GOBINDAPUR RAHMANTPUR P.S - GOALPARA DISTRICT- GOALPARA ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM. 2:MD GOLAP ALI (INFORMANT) S/OLATE SOMSER ALI VILLAGE-GOBINDAPUR PS- GOALPARA DIST GOALPARA Page No.# 2/3 ASSAM Advocate for the Petitioner : G UDDIN, MR. I HUSSAIN,MR N JAMAL,MR A K AZAD Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.05.2026 1. Heard Mr. A. K. Azad, learned counsel for the petitioners. Also heard Mr. B. Sharma, 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 GR Case No.1512/2011, pending in the Court of the learned Judicial Magistrate First Class, Goalpara. 3. In a Charge-Sheet alleging commission of offence under Section 302 of the Indian Penal Code. The petitioners (1). Akbar Ali, (2). Amod Ali, (3). Serak Ali, (4). Nur Mohammad, (5). Nur Islam and (6). Nural Hoque are shown as absconders. Therefore, the Trial Court directed issue of NBWA as well as P&A against them. 4. The petitioners have submitted that they are interested in facing the trial and, therefore, they should be given adequate opportunity to that effect. 5. Learned Additional Public Prosecutor has objected to this prayer on the ground that this case under Section 302 of the IPC and, therefore, the prayer of the petitioners should not be considered. 6. I have given my anxious consideration to the submissions made by the Page No.# 3/3 learned counsel for both sides. 7. This Court is of the opinion that since the petitioners are interested in facing the trial they should be given adequate opportunity to that effect. Therefore, their application is allowed. 8. All the aforesaid 6 (six) petitioners are directed to appear before the Trial Court at within a period of 15 (fifteen) days from today and 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 Judicial Magistrate First Class, Goalpara. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant