Disposed

Jul Hussain v. the State of Assam

Gauhati HC14 May 2026Crl.Pet./668/2026

Case brief

AI extract

What is this about?

An accused sought recall of a trial-court order issuing a arrest warrant and bail conditions issued after he missed a court date due to miscommunication with his lawyer. The High Court set aside the warrant order and directed him to appear within ten days, on which he would be granted bail of Rs.25,000 with one surety.

What did the court decide?

Order issuing NBWA and P&A dated 05.10.2023 recalled; petitioner to appear within ten days and be bailed at Rs.25,000 plus one surety.

Jul Hussain Vs the State of Assam — Bail and Remand | Gauhati HC (2026)

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Page No.# 1/2

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GAHC010093372026

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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./668/2026

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JUL HUSSAIN

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S/O SOMAR ALI, R/O VILL PATAKATA PART 2, PS BILASIPARA,DIST DHUBRI, ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. SANU HUSSAIN, MS P BARMAN,MS. J. A. RAHMAN,MR. H ALI

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Advocate for the Respondent : PP, ASSAM,

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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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Heard Mr. S Hussain, learned counsel appearing for the petitioner. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam.

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By this application filed under Sections 528/438/442 of the BNSS, 2023 the petitioner, namely, Jul Hussain, has prayed for recalling the order dated 05.10.2023 whereby NBWA and P & A was issued against him by the learned Trial Court.

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The petitioner is an accused before the Trial Court.

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Due to absence of the petitioner in connection with GR Case No. 30/2011, pending in the court of the learned SDJM (M), Bilasipara, the learned Trial Court issued NBWA and P&A against the present petitioner.

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The petitioner has submitted that on 05.10.2023 he could not appear before the Trial Court because of miscommunication with his engaged Lawyer. Therefore, the Trial Court issued NBWA and P& A against the petitioner.

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The petitioner has now submitted that he is interested in facing the trial and, therefore, adequate opportunity should be given to him.

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

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Since the petitioner is interested in facing the trial, he deserves to be given adequate opportunity to contest the case. Hence, the order dated 05.10.2023 issuing NBWA and P & A against the present petitioner by the learned SDJM (M), Bilasipara in connection with GR Case No. 30/2011 is recalled and set aside.

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The petitioner is directed to appear before the SDJM (M), Bilasipara in connection with GR Case No. 30/2011 within next 10 (ten) days from today. On his appearance, the learned SDJM (M), Bilasipara shall allow the petitioner to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Trial Court.

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The criminal petition is disposed of.

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JUDGE

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Comparing Assistant

Jul Hussain v. the State of Assam

Case brief

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Jul Hussain v. the State of Assam

Case brief

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