Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010162812025
2025:GAU-AS:11534
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2404/2025 MANOJ S/O- MANGAL RAM. R/O- NEHLA , H/NO.-454. P.S.- BHUNA, DIST.- FATEHABAD, STATE - HARAYANA. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : RAKESH DHAR, MR D BARMAN,MR D BARMAN,MR D MEDHI,MR K THAKUR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.08.2025 Heard Mr. D. Barman, learned counsel for the petitioner and Mr. D. P. Goswami, learned Addl. P.P., Assam for the State. By this application filed under Section 483 of the BNSS, 2023 the
Page No.# 2/3 petitioner, viz., Manoj has prayed for releasing him on bail in connection with Dispur Police Station Case No.563/2025 registered under Section 143(2) of the BNS, 2023. The F.I.R. dated 07.07.2025 lodged by the brother of the victim reveals that the victim was taken by one Sukur Ali, who allegedly sold her at Rs.1,50,000/- to a person of Haryana. It is stated in the F.I.R. that the said victim informed her brother that she is at Haryana and told him to rescue her. Mr. D. Barman, learned counsel for the petitioner submits that the petitioner has no connection with the said offence inasmuch as he states that the petitioner and his brother had recovered the girl from a particular place and kept her in his place and with time the petitioner fell in love with the victim and that they entered into an agreement of live in relationship and that since then they were staying together in Haryana. Mr. D. P. Goswami, on the other hand, submits on perusal of the Case Diary that the fact of the instant case is that the said Sukur Ali had sold the victim to the petitioner who was staying in Haryana and that the petitioner had thereafter entered into a live in relationship with the victim. The learned Addl. P.P. has also placed the statement given by the victim where the victim had stated that she was assaulted by the petitioner and was compelled to stay with him. I have heard the learned counsel for the parties and have gone through the records.
Page No.# 3/3 Section 143 of the BNS provides that the person who not only transports or transfer would be liable for trafficking but also the person who receives a person by practicing fraud or deception or by abuse of power is said to have committed the offence of trafficking. In the instant case the petitioner is seen to have received the victim and would be liable for the offence under Section 143(2) of the BNS. In view of the above, this Court does not deem it fit to release the petitioner on bail. The Bail Application is accordingly dismissed. JUDGE Comparing Assistant