Gauhati High Court
Crl.Pet./1337/2026 of ANUP DAS Vs DWIGEN KALITA on 24 September 2026
GAHC010199112026 2026:GAU-AS:14244 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1337/2026 ANUP DAS , S/O LATE ATUL DAS, R/O MAGURPARA, P.O. JHARABARI, P.S. PALASHBARI, DISTRICT KAMRUP, ASSAM. VERSUS DWIGEN KALITA S/O LATE BIPIN KALITA,
GAHC010199112026
2026:GAU-AS:14244
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1337/2026
ANUP DAS
, S/O LATE ATUL DAS, R/O MAGURPARA, P.O. JHARABARI, P.S.
PALASHBARI, DISTRICT KAMRUP, ASSAM.
VERSUS
DWIGEN KALITA
S/O LATE BIPIN KALITA, R/O VILLAGE HAROPARA, P.O. JAROBARI, P.S.
PALASHBARI, DISTRICT KAMRUP, ASSAM
Advocate for the Petitioner : MS. R KALITA, MS. C BARMAN
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
25.09.2026
Heard Ms. R. Kalita, learned counsel for the petitioner.
2. In this petition, under Section 528 of the BNSS, the petitioner has challenged the order dated 28.07.2025 and all subsequent orders, passed by the learned Additional Chief Judicial Magistrate, Kamrup (trial court hereinafter), in
NI Case No. 21/2021.
3. It is to be noted here that vide impugned order dated 28.07.2025 and all subsequent orders, the learned trial court had issued Non-Bailable Warrant of Arrest (NBWA hereinafter) against the present petitioner.
4. Ms. Kalita, learned counsel for the petitioner, submits that the petitioner is the accused in the NI Case No. 21/2021, under Section 138 of the NI Act and he was regularly appearing before the learned trial court. But, on 28.07.2025, he could not appear before the learned trial court on account of his illness and his engaged counsel also could not appear due to unprecedented flood in his locality and on such count, no step could be taken on that date and then, the learned trial court had issued NBWA against the present petitioner.
4.1. Ms. Kalita further submits that the petitioner is ready to face the trial and he will appear before the learned trial court on each and every date and therefore, it is contended to allow this petition.
5. Having heard the submission of learned counsel for the petitioner, this Court has carefully gone through the petition as well as the documents placed on record and also perused the impugned order dated 28.07.2025 and all subsequent orders, passed by the learned trial court and also perused the medical document enclosed by the petitioner at page No. 17 as Annexure – 4.
6. It appears that the petitioner was suffering from Infective Hepatitis at the relevant point of time.
7. Since the petitioner has explained the reason as to why he could not appear before the learned trial court on 28.07.2025 and on all subsequent dates and since Ms. Kalilta, learned counsel for the petitioner, has also assured that the petitioner is ready to face the trial and will appear before the learned trial court regularly, this Court is inclined to allow this petition.
8. Accordingly, it is provided that the petitioner shall appear before the learned trial court on or before 12.10.2026 and to apply for regular bail. In the event of filing such an application, the learned trial court shall consider the same in accordance with law.
9. Till then, the NBWA issued against the present petitioner, vide impugned order dated 28.07.2025 and vide all subsequent orders, shall be kept in abeyance.
10. In terms of above, this petition stands disposed of.
JUDGE Comparing Assistant