✦ Gauhati High Court

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

ROBIN PHUKAN2 min read

Case at a glance

Bench
ROBIN PHUKAN

Outcome

Disposed of

In terms of above, this criminal petition stands disposed of, at this motion

Provisions considered

Key paragraphs

  • Para 66. Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner herein to appear before the learned trial court on 31.08.2026 and to apply for regular bail and in…
  • Para 88. In terms of above, this criminal petition stands disposed of, at this motion stage itself. Comparing Assistant JUDGE

Judgment

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl. Pet./1077/2026 BAKKAR ALI SON OF LATE AHIZUDDIN SK AHIZUDDIN, VILLAGESHIALI, P.S. KRISHNAI, DISTRICT GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, R PARBIN,B DAS Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER

03.08.2026 Heard Mr. A.M. Ahmed, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

2.

This petition, under Section 528 of the BNSS read with Article 227 of the Constitution of India, is preferred by the petitioner challenging the order dated

14.07.2026, passed by the learned Additional Chief Judicial Magistrate, Goalpara (trial court hereinafter), in GR Case No. 59/2026, arising out of Krishnai PS Case No. 10/2026, under Section 64(1)/62/351(2)(3)/3(5) of the BNS. Page No.# 2/2

3.

It is to be noted here that vide impugned order dated 14.07.2026, the learned trial court had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) against the petitioner herein.

4.

Mr. Ahmed, learned counsel for the petitioner, submits that the petitioner herein is an accused in the aforementioned case and that he has not received any summon from the learned trial court, despite NBWA was issued by it against him and that the petitioner is ready to face the trial and will appear before the learned trial court on each and every date and therefore, Mr. Ahmed has contended to allow this petition by setting aside the impugned order dated

14.07.2026.

5.

Per-contra, Mr. Sarma, learned Additional Public Prosecutor, submits that the petitioner may be directed to appear before the learned trial court and to apply for regular bail and in the event of filing such an application, the learned trial court may be directed to consider the same in accordance with law.

6.

Accordingly, taking note of the submissions of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the petitioner herein to appear before the learned trial court on 31.08.2026 and to apply for regular bail and in the event of filing such an application, the learned trial court shall consider the same in accordance with law.

7.

Till then, the NBWA, issued against the petitioner herein, shall be kept in abeyance.

Operative part

8.

In terms of above, this criminal petition stands disposed of, at this motion stage itself. Comparing Assistant JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: In terms of above, this criminal petition stands disposed of, at this motion

Which statutory provisions did this judgment involve?

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Constitution of India — art. 227; Bharatiya Nyaya Sanhita, 2023 — ss. 3(5), 62, 64(1), 351(2)(3).

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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