Page No.# 1/3 GAHC010217132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2331/2025 SEMIM AHMED SON OF ABDUL HAMID, RESIDENT OF DIGHELI, P.O. - BAR-DIGHELI, P.S. - NALBARI, PIN 781334, ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:DODERE MUCHAHARY DAUGHTER OF- STHARON MUCHAHARY RESIDENT OF- CHANDRAPUR PS- KOKRAJHAR DISTRICT- KOKRAJHAR ASSAM 3:SONALI MUCHAHARY DAUGHTER OF- LATE SAMAR MUCHAHARY RESIDENT OF- CHANDRAPUR PS- KOKRAJHAR DISTRICT- KOKRAJHAR ASSA Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MR S DIFUSA,MR D J MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Page No.# 2/3 Date : 14.10.2025 1. Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. I.U. Chowdhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State. 2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Semim Ahmed, has prayed for granting pre-arrest bail, apprehending arrest in connection with Garchuk P.S. Case No. 269/2025 under Section 143(5)/144(1) of BNS, 2023 r/w Section 3(2)(a)/4/5(1)(d)(ii) of Immoral Traffic (Prevention) Act r/w Section 6 of POCSO Act. 3. The FIR dated 16.09.2025 was lodged by police official with allegation that the complaints received with regard to running of prostitution activities in a SN Inn hotel and upon raiding the same, two girls aged below 18 years were recovered/rescued. 4. The learned Senior counsel for the petitioner submits that the manager of the Hotel, namely Sadulla Ahmed, named therein was arrested. The present petitioner is stated to be the owner of the hotel which he taken on lease from one Debajit Bora with whom a Title Suit was pending with regard to a civil dispute. 5. The accused petitioner was granted interim bail on 22.09.2025. The case diary has been received along with the bail objection. 6. The I.O. has strongly objected to the grant of bail and contended that the involvement of the present petitioner as the owner of the hotel has been very much found by the investigation and that he was involved in using these girls for prostitution and it is also stated that the accused is habitually involved in other offences under provisions of law. The I.O has prays for rejection of the bail Page No.# 3/3 7. Seen the progress of investigation; the statements of the two alleged victim girls have been record before the learned JMFC, and are stated to be aged 16/17 years. 8. In the statements, both the alleged victim girls have stated about the involvement of the present petitioner as the owner of the hotel using them such activities. Needlessly to say that any allegation in involving child prostitution is a serious matter. Considering the nature of the materials, it would not be wise to grant anticipatory bail to the accused as the investigation is still in progress. 9. Accordingly the anticipatory bail application is rejected, hereby vacating the interim bail. 10. Returned back the case diary. JUDGE Comparing Assistant