Gauhati High Court
Crl.Pet./1325/2026 of SHRI BEDANTA GOGOI Vs THE STATE OF ASSAM on 22 September 2026
GAHC010204342026 2026:GAU-AS:14090 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1325/2026 SHRI BEDANTA GOGOI S/O MAHENDRA NATH GOGOI RESIDENT OF CLUB ROAD,JANAPATH, NEAR SAIKIA GAS AGENCY P.S AND P.O. JORHAT, ASSAM. VERSUS THE STATE OF
GAHC010204342026
2026:GAU-AS:14090
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1325/2026
SHRI BEDANTA GOGOI
S/O MAHENDRA NATH GOGOI
RESIDENT OF CLUB ROAD,JANAPATH, NEAR SAIKIA GAS AGENCY P.S
AND P.O. JORHAT, ASSAM.
VERSUS
THE STATE OF ASSAM
REP BY THE PP ,ASSAM
Advocate for the Petitioner : MR. R DUTTA, M DEKA,MS. D BARUAH
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
23.09.2026
Heard Ms. M. Deka, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
2. In this petition, under Section 528 read with Section 438 of the BNSS, the petitioner has challenged the orders dated 14.05.2026 and 29.08.2026, passed by the learned Sub-Divisional Judicial Magistrate, Jorhat (trial court hereinafter), in PR Case No. 572/2022, arising out of Jorhat PS Case No. 183/2019.
3. It is to be noted here that vide impugned orders dated 14.05.2026 and
29.08.2026, the learned trial court had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) as well as proclamation and attachment against the present petitioner.
4. Ms. Deka, learned counsel for the petitioner, submits that the petitioner is an accused in PR Case No. 572/2022, arising out of Jorhat PS Case No. 183/2019. Ms. Deka further submits that though summon was issued by the learned trial court, after filing of the charge-sheet by the IO, against the present petitioner, he never received the same, for which he could not appear before the learned trial court, for which NBWA as well as the proclamation and attachment were issued against him, vide orders dated 14.05.2026 and 29.08.2026. Ms. Deka also submits that the petitioner will appear before the learned trial court and face the trial and therefore, she has contended to set aside and quash the aforementioned orders.
5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, submits that the case is pending since the year 2019. However, he 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. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also perused the impugned orders dated 14.05.2026 and 29.08.2026, passed by the learned trial court.
7. In view of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this Court is inclined to allow this petition.
8. It is provided that the petitioner shall appear before the learned trial court on or before 09.10.2026 and 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.
9. Till then, NBWA as well as the proclamation and attachment issued against the present petitioner, shall be kept in abeyance.
10. In terms of above, this petition stands disposed of.
JUDGE Comparing Assistant