Page No.# 1/2 GAHC010104722026 2026:GAU-AS:7645 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./767/2026 SRI AJAY SHYAM SON OF SRI JOHARLAL SHYAM,RESIDENT OF NO. 1 MILANPUR,P.S. MERAPANI,DISTRICT GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR. K BORUAH, MS. M BHUYAN,MS P DAS,MS. P BORAH,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.06.2026 1. Heard Ms. P. Borah, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 528 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the orders directing issuing NBWA against the present petitioner, Ajay Shyam in Sessions Case No.36/2024, pending in the Court of the learned Sessions Judge, Golaghat. Page No.# 2/2 3. On some dates, the petitioner, Ajay Shyam did not appear before the Trial Court. His lawyer also did not take any steps on his behalf. Therefore, the Trial Court directed the issuance of NBWA against him. 4. I have considered the submissions made by the learned counsel for both sides. 5. The petitioner has explained the reasons for his absence in the Court. 6. This Court is of the opinion that the petitioner should be given some opportunity to contest the case. 7. Therefore, all orders directing issue of NBWA against the present petitioner, Ajay Shyam are set aside. 8. The petitioner, Ajay Shyam is directed to appear before the Court of the learned Sessions Judge, Golaghat in connection with Sessions Case No.36/2024 on 05.06.2026 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 Sessions Judge, Golaghat. 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant