Disposed¶24

Rupjyoti Borah v. the State of Assam and Anr.

Gauhati HC17 May 2026Crl.Pet./681/2026

Case brief

AI extract

What is this about?

Gauhati High Court; Crl.Pet./681/2026; decided 18.05.2026; Parthivjyoti Saikia, J.; Section 528 BNSS 2023 petition; N.I. Case No.07/2020; Addln. Chief Judicial Magistrate, Jorhat; non-bailable warrant (NBWA/NWBA) set aside as bad in law; warrant of arrest not sent to accused; petitioner Rupjyoti Borah; respondents State of Assam and Sri Guna Changmai; direction to appear on 30.05.2026; bail ₹ 25,000/- with surety of like amount; cheque/NI case warrant proceedings; criminal petition disposed of.

What did the court decide?

All orders directing issue of NBWA against the petitioner in N.I. Case No.07/2020 set aside; petitioner directed to appear before the trial court on 30.05.2026 and to be released on bail of Rs. 25,000/- with a surety of like amount on appearance ¶24

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

Page No.# 1/2

GAHC010093842026

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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./681/2026

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RUPJYOTI BORAH S/O SRI HAREN BORAH

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R/O MALOWALI MONAIMAJI, P.O. DHEKORGORAH, P.S. JORHAT, IN THE DISTRICT OF JORHAT, ASSAM, PIN-785015

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM.

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2:SRI GUNA CHANGMAI S/O SRI KAMAL CHANGMAI R/O CHANDAN NAGAR P.O. JORHAT P.S. JORHAT DIST. JORHAT ASSAM PIN-78500

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Advocate for the Petitioner : MR P KATAKI, U BARUAH,MS. A LALA,MS N KASHYAP,MRS R BEGUM

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Advocate for the Respondent : PP, ASSAM,

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Page No.# 2/2

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 18.05.2026

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Heard the learned Senior Counsel Mr. P Kataki assisted by Ms. A Lala, appearing for the petitioner. Also heard Mr. P Borthakur, 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 N.I. Case No.07/2020 pending in the court of the learned Addln. Chief Judicial Magistrate, Jorhat .

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It is submitted that the Warrant of Arrest issued against the present petitioner Rupjyoti Borah was not sent to the petitioner and instead the trial court issued NBWA against him.

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

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Having considered the submissions made by the learned counsel of both sides, this Court is of the opinion that the impugned orders are bad in law and all orders directing issue of NWBA against the present petitioner in respect of N.I. Case No.07/2020 are set aside.

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It is hereby directed that the petitioner, namely petitioner Rupjyoti Borah is directed to appear before the trial court on 30.05.2026. On his appearance, the petitioner Rupjyoti Borah shall be released on bail of ₹ 25,000/- with a surety of like amount to the satisfaction of the Addln. Chief Judicial Magistrate, Jorhat .

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With the aforesaid direction, the Criminal Petition stands disposed of.

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JUDGE

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Comparing Assistant

Rupjyoti Borah v. the State of Assam and Anr.

Case brief

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Rupjyoti Borah v. the State of Assam and Anr.

Case brief

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