Gauhati High Court
Crl.Pet./1162/2026 of AFJAL HAQUE Vs THE STATE OF ASSAM on 20 August 2026
GAHC010175982026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1162/2026 AFJAL HAQUE S/O FAYZUL HAQUE, R/O VILL MAGURACHERRA CHA BAGAN, PIN 788737, P.O.- OLIVIACHERRA, P.S.- RATABARI, DISTRICT- SRIBHUMI, ASSAM VERSUS THE STATE
GAHC010175982026
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1162/2026
AFJAL HAQUE
S/O FAYZUL HAQUE, R/O VILL MAGURACHERRA CHA BAGAN, PIN 788737, P.O.- OLIVIACHERRA, P.S.- RATABARI, DISTRICT- SRIBHUMI, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S NAG, MR. J RAHMAN,A RAHMAN
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
21.08.2026
Heard Mr. S. Nag, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the State.
2. In this petition, under Section 528 of the BNSS, the petitioner has challenged the orders dated 18.06.2026 and 17.07.2026, passed in GR Case No. 471/2025, arising out of Ratabari PS Case No. 54/2025, by learned Chief Judicial
Magistrate, Sribhumi (CJM hereinafter).
3. It is to be noted here that vide impugned orders dated 18.06.2026 and 17.07.2026, the learned CJM had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) against the petitioner.
4. Mr. Nag, learned counsel for the petitioner, submits that the petitioner is the accused in GR Case No. 471/2025, arising out of Ratabari PS Case No. 54/2025 and in the said case, after completion of investigation, IO had submitted charge-sheet, being Charge-Sheet No. 97/2025, dated 31.07.2025, under Section 196/299/325/3(5) of the BNSS, read with Section 13(1) of the Assam Cattle Preservation Act. Thereafter, vide impugned orders dated 18.06.2026 and 17.07.2026, the learned CJM had issued NBWA against the petitioner.
4.1. Mr. Nag further submits that though the petitioner had filed an application before the learned CJM, the said application was dismissed and that the petitioner is ready to face the trial and he will appear before the learned CJM and therefore, Mr. Nag has contended to set aside the impugned orders dated 18.06.2026 and 17.07.2026, by which NBWA was issued against the petitioner.
5. Per-contra, Mr. Borthakur, learned Additional Public Prosecutor, submits that by fixing a date, the petitioner may be directed to appear before the learned CJM and to apply for regular bail.
6. Taking note 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 dispose of this petition by directing the petitioner to appear before the learned CJM on 02.09.2026 and to apply for regular bail.
7. In the event of filing such an application, the learned CJM shall consider the same in accordance with law.
8. Till 02.09.2026, the NBWA issued against the petitioner, vide impugned orders dated 18.06.2026 and 17.07.2026, shall be kept in abeyance.
JUDGE Comparing Assistant