Page No.# 1/4 GAHC010198832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2935/2025 FARID ALI AND 2 ORS SON OF AKBAR ALI VILL- GOBINDAPUR, JAILAPARA P.O. GOBINDAPUR P.S. GOALPARA, DIST. GOALPARA, ASSAM PIN-783101 2: ABDUL MOJID @ ABDUL MOZID S/O FAZAL ALI VILL- BAGALDUBA P.O. AND P.S. KOKRAJHAR DIST. KOKRAJHAR BTAD ASSAM PIN-783370 3: KARIM ALI @ ABDUL KARIM S/O MANIK ALI VILL- CAMP BAZAR BHATIPARA P.O. DUBAPARA P.S. MORNOI DIST. GOALPARA ASSAM PIN-783101 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE PP, ASSAM 2:SRI POBITDRA SRANGPHANG Page No.# 2/4 SUB-INSPECTOR OF POLICE GOALPARA POLICE STATION P.O. AND DIST. GOALPARA ASSAM PIN-783101. 3:AJMIRA BEGUM D/O ABED ALI VILL- DOLGOMA P.O.AND P.S. MATIA DIST. GOALPARA ASSAM PIN-783101. 4:MIHIRUN NESSA (MINOR) REPRESENTED BY HER FATHER NAMELY- ISMAIL HUSSAIN VILL- BALARPATHAR P.O. AND P.S. KALGACHIA DIST. BARPETA ASSAM PIN-781319 Advocate for the Petitioner : MR. M R KHANDAKAR, Advocate for the Respondent : PP, ASSAM, MR. RASHIDUL ISLAM (R-3,4) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15 .09. 2025 Heard Mr. M.R. Khandakar, learned counsel for the petitioners and Mr. P. Lahkar, learned Addl. PP for the State respondent. This application has been filed by the petitioners namely, (1) Farid Ali, (2) Abdul Mojid @ Abdul Mozid and (3) Karim Ali @ Abdul Karim under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking bail in connection with Goalpara P.S. Case No. 156/2025 (G.R. Case No. Page No.# 3/4 636/2025) under Sections 61(2)/ 143 of BNS, 2023, read with Sections 6/17 of POCSO Act and read with Sections 3/4/5/7/ of Immoral Trafficking Act, 1956. Case diary is received and perused. The allegation made in the FIR is that on 12.08.2025, the informant, Sri Pobitdra Srangphang, S.I. of Police, Goalpara lodged an FIR to the O.C. of Goalpara P.S. stating inter alia that on 11.08.2025 at about 8.00 pm, a secret information was received that a prostitution business is going on at Pancharatna Hotel, near ASTC point and accordingly a GD entry was made at Goalpara TOP vide GDE No. 12 dated 11.08.2025 and a police party headed by DSP (HQR), Dipankar Dearaja was formed and at 9.15 pm and reached to the Pancharatna hotel. On reaching the place of occurrence, they found the Manager, Abdul Mojid sitting at the counter and on enquiring about the occupants of the rooms, he could not provide proper details and the check in and check out register also did not have proper entry. Thus, a search was conducted and two girls were found in two separate rooms and few other persons were found in other rooms and upon search one unused condom was also found. The CC TV footage was also checked wherein several men were seen entering into turns in the room in which the girls were present, which confirms the information regarding prostitution is going on in the hotel. The learned Additional Public Prosecutor, on the other hand, has objected the prayer for bail. On perusing the case diary, learned additional PP has submitted that the petitioner Nos. 1 and 3 namely, (1) Farid Ali and (3) Karim Ali @ Abdul Karim, were found in the room of the hotel and there in no incriminating materials against them. However, petitioner No. 2 Abdul Mojid @ Abdul Page No.# 4/4 Mozid was the manager/ receptionist and there are incriminating materials against him. Considering the above, prayer for bail in respect of the petitioner Nos. 1 and 3 namely Farid Ali and Karim Ali @ Abdul Karim are allowed to go on bail and the petitioner No. 2 namely Abdul Mojid @ Abdul Mozid is rejected. Accordingly, the petitioner Nos. 1 and 3 shall be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) each with two sureties each of the like amount to the satisfaction of the learned Special Judge, Goalpara in connection with the aforementioned case. The direction for bail is further subject to the conditions that the accused- petitioner Nos.1 and 3- (1) shall not leave the territorial jurisdiction of the learned Special Judge, Goalpara without prior written permission from him/ her. (2) shall not hamper with the investigation and tamper with the evidence of the case; and (3) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant