Bijuli Narzary v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010253752024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1462/2024o BIJULIoNARZARYo D/OoJOGENDRAoKR.oBORAH,o R/OoKAHILIPARA,oP.O.oDISPUR,oP.S.oBHAGADUTTAPURoUNDERoDISPURoP.S., DIST.oKAMRUPo(M),oASSAMo PIN-781019 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoLD.oPP,oASSAM 2:DHANTIoBORA oS/OoLATEoKATIAoBORA o R/OoVILL-oCHAKARIGAONo P.O.oTULASHIMUKH oP.S.oNAGAON oDIST.oNAGAON oASSAM oPIN-78210o AdvocateoforotheoPetitionerooooo:oMR.oDoBORAH,oMSoPoSINGH,KoBARMANo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMITALIoTHAKURIA ORDERo Dateo:oo02-12-2024 Page No.# 2/3

Heard Mr. D. Bora, the learned counsel for the petitioner. Also heard Ms. S.H. Bora, the learned Additional Public Prosecutor appearing for the State respondent.

¶2This is an application u/s 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the impugned orders dated 03.09.2024, 08.10.2024 and

12.11.2024 passed by the learned JMFC, Kamrup(M) whereby NBWA was issued against the present petitioner in C.R. Case No. 2234C/2020.

¶3It is submitted by Mr. Bora, the learned counsel for the petitioner that vide order dated 08.04.2024, the case was transferred from the Court of learned JMFC Smt. Kaveri Bhattacharyya to the Court of learned JMFC, Sri Dimbeswar Roy, Kamrup and on next date of listing i.e. 18.06.2024, the present accused-petitioner was appeared by his engaged counsel by filing Vakalatnama and on

09.08.2024 he was remained un-represented, on which date BWA of Rs. 10,000/- was issued against him and next date was fixed on 03.09.2024. On

03.09.2024 the BWA returned unserved and on the day itself the NBWA was issued against the present petitioner and subsequently on 08.10.2024 and

12.11.2024 also fresh NBWA was issued against the present petitioner. It is further submitted by Mr. Bora that the present petitioner is working in Assam Police and presently posted at City Police Reserve, Panbazar and hence the BWA cannot returned unserved and without execution BWA, the NBWA was issued against her. However, the present petitioner is ready and willing to appear before the learned Trial Court below for contesting the case and accordingly she may be give some interim protection.

¶4Ms. Bora, the learned Additional Public Prosecutor submitted in this regard Page No.# 3/3 that they are the formal party in this case. However, the petitioner may be directed to appear before the learned Trial Court below with an appropriate application for bail.

¶5Considering the submissions made by learned counsel for both sides and also on perusal of the case records and it is seen that the petitioner was duly represented by her engaged counsel. However, on 03.09.2024 she was not represented by her engaged counsel, on which date the BWA was issued and without proper service of BWA the NBWA was issued.

¶6Considering this aspect of the case and also considering the submission made by learned counsel for the petitioner, she is directed to appear before the learned Trial Court below with an appropriate application for bail which may be considered in accordance with law. However, till the next date i.e. 26.12.2024. The NBWA issued against the present petitioner shall be stayed/suspended.

¶7With the above observations, the petition stands disposed of at the motion stage.

JUDGE Comparing Assistant