Page No.# 1/3 GAHC010108372026 2026:GAU-AS:7756 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./780/2026 SRI NILAMANI RAJBONGSHI SON OF SRI BIREN RAJBONGSHI RESIDENT OF VILLAGE-TEBITOLA P.O.- TEBITOLA, PIN-781368 P.S.-TAMULPUR DIST-TAMULPUR, ASSAM MOBILE NO. 9126282527 VERSUS SRI GUNAJIT TALUKDAR SON OF SRI PARESH TALUKDAR C/O-DINESH CH. KALITA P.O.-INDRAPUR, RUPNAGAR SWASTI PATH, HOUSE NO.3 GUWAHATI-781032, DIST-KAMRUP (METRO), ASSAM. Advocate for the Petitioner : MR. A K AHMED, MR. Y ALI,MRS P P BORAH,MR. P K DAS Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2026 1. Heard Mr. A. K. Ahmed, learned counsel for the petitioner. 2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of C.R. (N.I.) Case No.2116/2019, pending in the Court of the Page No.# 2/3 learned Judicial Magistrate First Class, Kamrup (Metro) at Guwahati. 3. The petitioner, Nilamani Rajbongshi is an accused before the Court below. He had been regularly appearing in the case. However, after the outbreak of the COVID- 19 pandemic, he lost contact with his engaged counsel and as a result, could not remain present before the learned Court below. 4. For the aforesaid reason, the Trial Court directed issue of NBWA against the petitioner, Nilamani Rajbongshi. Now, the petitioner submits that he is interested in facing the trial and he should be given adequate opportunity to that effect. 5. I have considered the submissions made by the learned counsel of 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 contest the case. Therefore, his prayer is allowed. 7. All orders directing issue of NBWA against the present petitioner, Nilamani Rajbongshi in respect of C.R. (N.I.) Case No.2116/2019, by the Court of the learned Judicial Magistrate First Class, Kamrup (Metro) at Guwahati are set aside. 8. The petitioner, Nilamani Rajbongshi is directed to appear before the Court of the learned Judicial Magistrate First Class, Kamrup (Metro) at Guwahati in connection with C.R. (N.I.) Case No.2116/2019 within a period of 15 (fifteen) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Kamrup (Metro) at Guwahati. Page No.# 3/3 9. With the aforesaid direction, this criminal petition stands disposed of. JUDGE Comparing Assistant