Allowed¶20

Ajijur Rahman v. the State of Assam and Anr.

Gauhati HC14 May 2026Crl.Pet./667/2026

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Pet./667/2026; Ajijur Rahman v. State of Assam & Anr. (incl. Miss. Forida Begum); 2026:GAU-AS:6704; decided 15.05.2026 by Justice Parthivjyoti Saikia; Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023; NBWA set aside; absconder in charge-sheet permitted to face trial; bail of Rs.25,000/- with like surety on appearance within 10 days; Special (POCSO) Case No.64/2025; Special Judge (POCSO), Lakhimpur, North Lakhimpur; advocates: B. Choudhury for petitioner, M. P. Goswamy (APP) for State.

What did the court decide?

Warrant of arrest issued against the petitioner set aside; petitioner directed to appear before the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur within 10 days and, on appearance, to be released on bail of Rs.25,000/- with a surety of like amount; criminal petition disposed of. ¶20

Ajijur Rahman Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, shown as an absconder in the charge-sheet and against whom an NBWA was issued, should be given an adequate opportunity to face the trial, with the warrant set aside and bail granted upon his appearance.

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Court's answer

Since the petitioner is interested in facing the trial, he should be given an adequate opportunity to that effect; therefore, his application is allowed.

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Ratio / Principle

The warrant of arrest issued against the petitioner, Ajijur Rahman, is set aside.

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Key takeaways

The petitioner is directed to appear before the Court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in connection with Special (POCSO) Case No.64/2025 within a period of 10 (ten) days from the date of the order.ratio¶23
On his appearance, the petitioner shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur.ratio¶23

Detailed headnote1 paragraphs

Criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by an accused shown as an absconder in the charge-sheet in Special (POCSO) Case No.64/2025 pending before the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur, against whom an NBWA had been issued after one appearance through his lawyer. Holding that an accused willing to face trial should be given an adequate opportunity, the Gauhati High Court (Parthivjyoti Saikia J., 15.05.2026) set aside the warrant of arrest and directed the petitioner to appear before the learned Special Judge (POCSO) within 10 days, on which appearance he is to be released on bail of Rs.25,000/- with a surety of like amount. Criminal petition disposed of.

Page No.# 1/3

GAHC010091512026

2026:GAU-AS:6704

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

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Case No. : Crl.Pet./667/2026

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AJIJUR RAHMAN S/O MD. ABDUS ALI R/O RESERVE GAON P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM

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2:MISS. FORIDA BEGUM D/O LATE AHIR UDDIN R/O 2 NO. BORSOLA P.S. BIHPURIA DIST. LAKHIMPUR ASSAM

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Advocate for the Petitioner : MR. B CHOWDHURY,

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 15.05.2026

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1. Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

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2. This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special (POCSO) Case No.64/2025, pending in the Court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur.

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3. The petitioner, Ajijur Rahman has been shown as an absconder in the Charge-sheet. He has appeared through his lawyer on one occasion but, the Trial Court directed issue of NBWA against him. The petitioner now apprehends that if he appears before the Trial Court, he will be remanded to custody. The petitioner submits that he is willing to face the trial and, therefore, he should be given an adequate opportunity to do so.

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

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5. This Court is of the opinion that since the petitioner is interested in facing the trial he should be given an adequate opportunity to that effect. Therefore, his application is allowed.

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6. The warrant of arrest issued against the petitioner, Ajijur Rahman is set aside.

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Page No.# 3/3

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7. The petitioner, Ajijur Rahman is directed to appear before the Court of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur in connection with Special (POCSO) Case No.64/2025 within a period of 10 (ten) days from today and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Lakhimpur, North Lakhimpur.

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8. With the aforesaid direction, this criminal petition stands disposed of.

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JUDGE

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Comparing Assistant

Ajijur Rahman v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Ajijur Rahman v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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