Page No.# 1/3 GAHC010099652026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./723/2026 KUDUS ALI ALIAS MD KUDDUSH ALI S/O GOMED ALI, R/O VILL KHELMATI, KISHAN BASTI, PO KHELMATI, PS TEZPUR, SADAR, DIST SONITPUR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SRI KRISHNA SARMAH S/O LATE SITA RAM SARMAH R/O VILL DULAPADONG PS RANGAPARA DIST SONITPUR ASSA Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.05.2026 Heard Mr. M Hoque, the learned counsel appearing for the petitioner. Also heard Mr. Bidyut Sarma, the learned Additional Public Prosecutor appearing for Page No.# 2/3 the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Sessions Case No.59/2023 pending in the Court of the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur. 3. The petitioner Kudus Ali @ Md. Kuddush Ali has been declared as a proclaimed offender under Section 82 of the Code of Criminal Procedure and the case abovementioned has been filed against him. 4. The petitioner submits that he is interested in facing the trial to contest the case and therefore, he deserves to be given adequate opportunities to that effect. 5. Mr. Sarma has objected to this petition stating that when a person is declared as a proclaimed offender under Section 82 of the Code of Criminal Procedure, he is not entitled to the privilege of Anticipatory Bail. 6. I have considered the submissions made by the learned counsel of both sides. 7. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given adequate opportunities to that effect. Therefore, his petition is allowed. 8. All the orders directing issue of NBWA and P/A against the petitioner Kudus Ali @ Md. Kuddush Ali in connection with Sessions Case No.59/2023 are set aside. 9. The petitioner Kudus Ali @ Md. Kuddush Ali is directed to appear before the Trial Court of the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur in connection with Sessions Case No.59/2023 within next 15 (fifteen) days from today. On his appearance, he shall be released on bail of Rs.25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction Page No.# 3/3 of the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur. 10. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant