Page No.# 1/2 GAHC010129712026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./917/2026 ROIS UDDIN ALIASMD RAIS UDDIN, SON OF AKKAS ALI, RESIDENT OF VILLAGE PHALIAMARI PAM, P.O. FALIHAMARI, P.S. LAHORIGHAT, DISTRICT MORIGAON, ASSAM, PIN- 782127 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. SAYED SALIM AHMED, MR. S H CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 24.06.2026 Heard Mr. S S Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No.103/2021 pending in the Court of the learned Chief Judicial Magistrate, Morigaon. 3. The petitioner Rois Uddin @ Md. Rais Uddin is an accused before the Trial Court. For a Page No.# 2/2 long time he was absent in the Court. Therefore, the Trial Court directed issue of Non-Bailable Warrant of Arrest against the petitioner. Subsequently, P/A was also issued against the petitioner. 4. The petitioner states that he went outside the State in search of livelihood and therefore, he could not appear in the Trial Court. 5. Mr. Ahmed has submitted that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 6. I have considered the submissions made by the learned counsel of both sides. 7. The petitioner has explained the reasons for his absence in the Trial Court. 8. 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 should be given adequate opportunities to that effect. 9. Therefore, the Criminal Petition of the petitioner is allowed. 10. It is hereby directed that all orders directing issue of Non-Bailable Warrant of Arrest and P/A against the petitioner shall be recalled. 11. It is further directed that the petitioner, namely, Rois Uddin @ Md. Rais Uddin is directed to appear before the Court of the learned Chief Judicial Magistrate, Morigaon within next 15 (fifteen) days from today in connection with PRC Case No.103/2021. On his appearance, the petitioner Rois Uddin @ Md. Rais Uddin shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Morigaon. With the aforesaid direction, the Criminal Petition stands disposed of. JUDGE Comparing Assistant