Page No.# 1/3 GAHC010128892026 2026:GAU-AS:9353 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./946/2026 LALSON ALI ALIAS LALCHAN ALI SON OF LATE JARIFULA SHEIKH, RESIDENT OF BIR SINGH PART III, POLICE STATION- FAKIRGANJ, DISTRICT - DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED THE PUBLIC PROSECUTOR, ASSAM 2:SMTI SHILPA KUMARI DAUGHTER OF LATE SATRUGHAN PANJIYAR RESIDENT OF ULUBARI CHARIALI SOUTH SARANIA GUWAHATI-7 P.S.- PALTANBAZAR DISTRICT- KAMRUP (M) ASSAM PIN-78100 Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI,MD N ABED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 26-06-2026 Heard learned counsel Mr. R. Konwar for the petitioner Lalson Ali @ Page No.# 2/3 Lalchan Ali, who has filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for quashing the non-bailable warrant of arrest issued and pending against the petitioner. A prayer has also been made to direct the Trial Court to allow the petitioner to go on bail. 2. The petitioner has defaulted appearance in connection with Sessions Case No. 14/2026 arising out of Paltanbazar Police Station Case No. 317/2025 under Sections 331/305(a)/112(2)/317(3) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of Additional Sessions Judge No. 1, Kamrup (M). 3. It is also submitted that this case has been split up and separated and is pending in the Court of learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati. It is submitted that the petitioner is willing to cooperate with the investigation. The petitioner was unable to appear before the learned Trial Court. It is not true that the petitioner was not traceable, but the petitioner could not appear because his wife was ailing. The petitioner has pledged to cooperate with the remaining part of investigation. 4. Learned Additional Public Prosecutor Mr. K. Baishya is present for the respondent State. 5. I have also taken a pragmatic view. It is not required that this case be kept pending for appearance of the petitioner. Thereby, NBWA issued against the petitioner vide order dated 18.02.2026 and subsequent orders are kept in abeyance for 15 (Fifteen) days and within those 15 (Fifteen) days, the petitioner is directed to appear before the learned Trial Court and cooperate with the trial. The petitioner may pray for bail before the learned Trial Court, which may be Page No.# 3/3 considered by the Trial Court in accordance with law. 6. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant