Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010090982026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./637/2026 NAVAJIT KULI AND ANR S/O BIRAT KULI, R/O BORMURIA BUKAJAN, P.O. AKAJAN BORMURIA, P.S.
SISSIBORGAON, DIST. DHEMAJI, ASSAM.
2: BHABA KANTA TAYE S/O DINA TAYE R/O MUKTIAR LAKHSHIMI P.O. MUKTAR DIST. DHEMAJI ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. D GOGOI, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.05.2026 Heard Mr. G Chamuah, the learned counsel appearing for the petitioners. Also heard Mr. B Sarma, 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 the PRC Case
Page No.# 2/2 No.407/2025 pending in the Court of the learned Chief Judicial Magistrate, Dhemaji.
3. The petitioners, namely, Navajit Kuli and Bhaba Kanta Taye are shown as absconders in the charge sheet alleging commission of Sessions triable offence. The trial court has issued summons against them. They, now, apprehends that if they appear before the court of the learned Chief Judicial Magistrate, Dhemaji they will be remanded into custody, because this Court has no jurisdiction to entertain their bail application.
4. Mr. Chamuah submits that the petitioners are interested in facing the trial and therefore, they should be given adequate opportunities to that effect.
5. This Court is of the opinion that since the petitioners are interested in facing the trial, they deserve to be given adequate opportunities to that effect.
6. I have given my anxious consideration to the submissions made by the learned counsel of both sides.
7. Since the petitioners are interested in facing the trial, they should be given adequate opportunities to that effect.
8. The petitioners, namely, Navajit Kuli and Bhaba Kanta Taye are directed to appear before the court of the Chief Judicial Magistrate, Dhemaji in respect of PRC Case No.407/2025. On their appearance, they shall be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) each with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Dhemaji.
9. With the aforesaid direction, the Criminal Petition stands disposed of accordingly.
JUDGE Comparing Assistant