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2026 DAILYLAW 7358 (GAU)

MIR RAFIQUL HUSSAIN v. THE STATE OF ASSAM AND ANR

Crl.Pet./794/2026 · 2026-06-03

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010110862026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./794/2026 MIR RAFIQUL HUSSAIN S/O- MIR MUSHARAF HUSSAIN R/O- PRANESWAR SARMA ROAD BEHIND SBI, RANGIA BRANCH P.O. AND P.S.- RANGIA DISTRICT- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:RAHANA AKHTARA W/O- RAJU CHOUDHURYC/O- ASHIF IQBALR/O- PRANESWAR SARMA ROAD BEHIND SBI RANGIA BRANCHP.O. P.S.- RANGIADISTRICT- KAMRUP ASSAM Advocate for the Petitioner : J S AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2026 Heard Mr. S M Abdullah P., the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/2 2. This is an application under Section 528 of the BNSS, 2023 in respect of Special POCSO Case No.10/2026 pending in the Court of the learned Additional Sessions Judge, Kamrup, Rangia. 3. The petitioner Mir Rafiqul Hussain has been shown as an absconder in the charge sheet. Therefore, the trial court directed issuance of Non-Bailable Warrant of Arrest against him. Now the petitioner apprehends that if he appears before the trial court, he will be remanded to judicial custody. 4. Mr. Abdullah P. has submitted that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 5. I have considered the submissions made by the learned counsels of both sides. 6. Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that since the petitioner is interested in facing the trial, he deserves be given adequate opportunities to that effect. 7. Therefore, the Criminal Petition is allowed. 8. It is hereby directed that the petitioner, namely Mir Rafiqul Hussain is directed to appear before the trial court of the learned Additional Sessions Judge, Kamrup, Rangia within next 15 (fifteen) days from today in respect of Special POCSO Case No.10/2026. On his appearance, the petitioner Mir Rafiqul Hussain shall be released on bail of ₹25,000/- (Rupees twenty five thousand) with a surety of like amount to the satisfaction of the learned Additional Sessions Judge, Kamrup, Rangia. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant