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2025 DAILYLAW 17536 (GAU)

NUR HUSSAIN @ SELBESTIN EKKA @ KABIR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./2592/2025 · 2025-08-27

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010178892025 2025:GAU-AS:11519 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2592/2025 NUR HUSSAIN @ SELBESTIN EKKA @ KABIR HUSSAIN S/O LT. ABUL HUSSAIN, R/O JAPARAJAN IB, P.O JAPARAJAN, P.S. BOKAJAN, DIST. KARBI ANGLONG, ASSAM, PIN 782470 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP. ASSAM. Advocate for the Petitioner : MR. SK S N MOHAMMAD, MR K ISLAM,MR A IKBAL Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 28.08.2025 Heard Mr. S.K. S.N. Mohammad, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking bail in respect of the accused/petitioner namely Nur Hussain @ Selbestian Ekka @ Kabir Hussain, who has been arrested on the strength of NBWA which was issued due to his absence during the Trial of Sessions Case No. 123/2015, wherein he is accused. 3. It is submitted that the accused was granted bail by the learned Trial Court and he participated regularly in the trial till 15.06.2018. But, thereafter, he lost communication with the counsel and subsequently due to intervention of COVID-19, he lost track of the case and as he was working at different places including Dimapur. 4. It is submitted that the accused is an illiterate person and did not understand the intricacies of the law and now he has already spent 67 days in custody. 5. Per contra, the learned Addl. Public Prosecutor submits that because of the absence of the accused, the trial has been unduly delayed. 6. After considering the rival submissions, this Court is of the view Page No.# 3/3 that the accused can be released on bail by imposing suitable conditions so as to ensure his presence at the Trial. 7. Accordingly, prayer for bail is allowed. 8. The accused abovenamed shall be released on bail in connection with the aforesaid case on a bail bond of Rs. 50,000/- with 2 local sureties of the like amount and one of the sureties should be a Government Servant. 9. It is further stipulated that the accused shall regularly participate in the Trial. 10. The Bail Application stands accordingly disposed off. JUDGE Comparing Assistant