Page No.# 1/2 GAHC010037992026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./281/2026 SAIDUL ISLAM S/O ABDUL ALI, R/O VILL. TENGNERBHITA, P.O. TULSIBIL, P.S. GOSSAIGAON, DIST. KOKRAJHAR BTC, ASSAM, PIN 783337 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:ROSHANAN BASUMATARY S/O LATE SISHIR BASUMATARY R/O VILL- TULSIBIL P.O. TULSIBIL P.S. GOSSAIGAON DIST. KOKRAJHAR (BTC) ASSAM PIN-78333 Advocate for the Petitioner : MR. N J DUTTA, S KHATOON,S I AKAND Advocate for the Respondent : PP, ASSAM, MS. T PARASHAR, AMICUS CURIAE (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 22 .06.2026 Heard Mr. N J Dutta, the learned counsel the appearing for the petitioner. Also Page No.# 2/2 heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor for the State of Assam as well as Ms. T Parasar, the learned Amicus Curiae appearing for the respondent No 2. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Special POCSO Case No.02/2023 pending in the court of the learned Special Judge, Kokrajhar, Assam. 3. The petitioner Saidul Islam could not appear before the court below for certain reasons and therefore, the trial court directed issue of Non-Bailable Warrant of Arrest against him. The petitioner has annexed medical documents in support of his plea. 4. Mr. Dutta 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 counsel of both sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunities to that effect. Therefore, all orders directing issue of NBWA against the petitioner are set aside. 7. The petitioner Saidul Islam is directed to appear before the court of the learned Special Judge, Kokrajhar in connection with Special POCSO Case No.02/2023 within next 25 days from today. 8. On his appearance, the petitioner Saidul Islam shall be released on bail of RS.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Kokrajhar, Assam. With the aforesaid direction, the criminal petition stands disposed of accordingly. . JUDGE Comparing Assistant