Disposed

Barkat Ali v. the State of Assam

Gauhati HC9 Mar 2026Crl.Pet./308/2026

Case brief

AI extract

What is this about?

Petitioner charge-sheeted in a Sessions-triable case sought relief under Section 528 BNSS apprehending remand if he appeared before the trial court. The court allowed him one opportunity to face trial, directing appearance within ten days and release on bail of ₹20,000 with a like surety upon appearance.

What did the court decide?

Direction to appear within 10 days; release on bail of ₹20,000 with like surety on appearance before ACJM Goalpara; condition of regular attendance.

Barkat Ali Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

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GAHC010045982026

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./308/2026

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BARKAT ALI

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S/O AJGAR ALI, VILL. DHUPDHARA PT I, P.O. AND P.S. DHUPDHARA, DIST. GOALPARA, ASSAM.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.

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Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 10.03.2026

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Heard Mr. D Gogoi, the learned counsel appearing for the petitioner. Also heard Mr. K Baishya, the learned Additional Public Prosecutor appearing for the State of Assam.

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This is an application under Section 528 of the BNSS, 2023 in respect of PRC Case No. 556/2025 pending in the Court of the learned Additional Chief Judicial Magistrate, Goalpara.

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The petitioner has been charge-sheeted in a Sessions’ triable case and therefore, the learned Additional Chief Judicial Magistrate, Goalpara issued summons against him in respect of PRC Case No. 556/2025. Now, the petitioner apprehends that if he appears before the trial court, he will be remanded to custody because this Court has no jurisdiction to entertain his bail application.

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I have considered the submissions made by the learned counsel of both sides.

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Mr. Gogoi submits that the petitioner wants to face the trial and therefore, he should be given one opportunity to that effect.

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Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to face the trial.

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Therefore, the prayer of the petitioner is allowed.

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The petitioner Barkat Ali is directed to appear before the trial court in respect of PRC Case No. 556/2025 within next 10 (ten) days from today. On his appearance, he shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Goalpara.

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The petitioner shall regularly appear before the trial court on each and every date of hearing. If he fails to do so, without showing sufficient reasons, the trial court shall be at liberty to procure his attendance in accordance with the procedures as laid by law.

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With the aforesaid direction, the criminal petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Barkat Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Barkat Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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