Page No.# 1/2 GAHC010117352026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1592/2026 NIBUL WARY SON OF DEKLA WARY, RESIDENT OF MILONPUR, BALIJURI, PS- SOOTEA, DISTRICT- BISWANATH, PIN- VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS. R DEVI,MS. K L R YANTHAN,MR. P S BISWAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 16.06.2026 Heard Mr. S C Biswas, learned counsel, appearing for the petitioner. Also heard Mr. P Borthakur, learned Additional Public Prosecutor, Assam. This is an application filed under Section 483 of the BNSS, 2023 whereby the petitioner Nibul Wary, who has been facing trial in Sessions Case No. 44/2025 pending in the Court of the learned District & Sessions Judge, Sonitpur, Tezpur has prayed for release on bail. Before the case was committed to the Court of Sessions, the petitioner appeared before the court below. He was even allowed to remain on previous bail. Subsequently, he defaulted in appearance before the court below and the case Page No.# 2/2 committed to the Court of Sessions at that stage. After receiving records, the learned Sessions Judge issued Non-Bailable Warrant of Arrest as well as P&A against the petitioner. The petitioner submits the reasons for which he could not appear before the court below on earlier occasions. The petitioner further submits that he is interested in facing the trial and, therefore, adequate opportunity should be given to him to that effect. I have considered the submissions made by the learned counsel for both the sides. Since the petitioner is interested in facing the trial, he deserves to be given an opportunity to face the trial. Therefore, the bail application is allowed. Accordingly, the petitioner, Nibul Wary, who has been facing trial in Sessions Case No. 44/2025 pending in the Court of the learned District & Sessions Judge, Sonitpur, Tezpur, is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the District & Sessions Judge, Sonitpur, Tezpur. Petitioner is directed to appear before the learned Trial Court on each and every date and if he fails to do so, Trial Court shall have the liberty to procure his attendance by following due process of law. The bail application is disposed of. JUDGE Comparing Assistant