Page No.# 1/3 GAHC010103542026 2026:GAU-AS:7466 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./750/2026 SRI DEVI RAM SARMA SON OF MOTULI RAM SARMA, OLD ADDRESS R/O. CHITANAGAR, RAMNAGAR, P.S. ADMADOLA, DIST. AGRA, UTTAR PRADESH. PRESENT ADDRESS 11A/11C/2, NEAR BSA FACTORY, RAMBAG KUBERPUR, P.O. YAMUNA BRIDGE, P.S. ETMAD-UD-DAULA, AGRA, UTTAR PRADESH- 282006. VERSUS THE STATE OF ASSAM REP. BY THE LEARNED PP, ASSAM. Advocate for the Petitioner : MR. P J BARMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 29.05.2026 1. Heard Mr. P. J. Barman, learned counsel for the petitioner. Also heard Mr. P. Borthakur, 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.1111/2018, under Section 279, 304(A) and Page No.# 2/3 427 of the Indian Penal Code, pending in the Court of the learned Judicial Magistrate First Class, No.2, Amingaon, Guwahati. 3. The petitioner, Devi Ram Sarma, is an accused in a case before the Trial Court. He used to attend court regularly before COVID-19. However, after the COVID- 19 pandemic started, he lost contact with his lawyer and also changed his residence. Because of these reasons, he was unable to appear before the Trial Court. Now he has come to know that the Trial Court directed issue of NBWA against him. 4. The petitioner claims to be a senior citizen and also submits that he is interested in facing the trial. 5. I have considered the submissions made by the learned counsel for both sides. 6. Since, the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given adequate opportunity to that effect. Therefore, his application is allowed. 7. The orders directing issue of NBWA against the petitioner, Devi Ram Sarma by the learned Judicial Magistrate First Class, No.2, Amingaon, Guwahati in respect of G.R. Case No.1111/2018 are set aside. 8. The petitioner, Devi Ram Sarma is directed to appear before the Court of the learned Judicial Magistrate First Class, No.2, Amingaon, Guwahati in respect of G.R. Case No.1111/2018 on 10.07.2026 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 Judicial Magistrate First Class, No.2, Amingaon, Guwahati. Page No.# 3/3 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant