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2026 DAILYLAW 9139 (GAU)

SANTOSH CHOUHAN v. THE STATE OF ASSAM AND ANR

AB/1145/2026 · 2026-06-24

Parthivjyoti Saikia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010101282026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1145/2026 SANTOSH CHOUHAN S/O. SRI NANDO CHOUHAN, RESIDENT OF - VILLAGE- RANGAMAKHA, P.O.- UDALGURI, P.S. AND DIST.- UDALGURI, BTR, ASSAM, PIN- 784509. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:GENA HARIJAN S/O- LATE BHIKCHARAN HARIJAN VILL- NO.3 BORIGAON NAYANPUR CHOWK P.S. AND DIST - UDALGURI BTR ASSAM Advocate for the Petitioner : MR Z ALAM, R ISLAM,MR. J ISLAM Advocate for the Respondent : PP, ASSAM, MS. S NAZNEEN(R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2026 Heard Mr. Z Alam, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as Page No.# 2/2 well as Ms.S Nazneen, the learned counsel appearing for the respondent No.2. 2. This is an application under Section 528 of the BNSS, 2023 in respect of Special (P) Case No.73/2025 pending in the Court of the learned Special Judge, Udalguri praying for grant of pre-arrest bail to the petitioner Santosh Chouhan. 3. The petitioner Santosh Chouhan has been shown as an absconder in the Charge- Sheet. 4. Mr. Alam submits that the petitioner wants to appear to contest the case before the Trial Court 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. This Court is of the opinion that since the petitioner has shown interest to contest the case before the trial court, he should be given adequate opportunities to that effect. 7. Therefore, the Criminal Petition of the petitioner is allowed. 8. The Non-Bailable Warrant of Arrest issued against the petitioner shall be recalled. 9. It is hereby directed that the petitioner, namely, Santosh Chouhan is directed to appear before the Court of the learned Special Judge, Udalguri within next 15 (fifteen) days from today in connection with Special (P) Case No.73/2025. 10. On his appearance, the petitioner Santosh Chouhan shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Special Judge, Udalguri. With the aforesaid direction, the Criminal Petition stands disposed of accordingly. JUDGE Comparing Assistant