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2025 DAILYLAW 25139 (GAU)

SIMANTA BORA v. THE STATE OF ASSAM

Bail Appln./3645/2025 · 2025-11-18

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010246402025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3645/2025 SIMANTA BORA S/O SRI LUHIT BORA VILL- 1 NO. MARISUTI, PATHALIPAHAR, P.O. AND P.S. BIHPURIA, SUB- DIV. NORTH LAKHIMPUR, IN THE DISTRICT OF LAKHIMPUR, ASSAM, PIN- 784163. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR N RAY, MR NABENDU PATHAK,N N HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 19.11.2025 Heard Ms. N.N. Hussain, learned counsel for the accused/ applicant. Also heard Mr. P. Barthakur, learned APP for the State. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting regular bail to the accused/applicant in connection with Paltanbazar P.S. Page No.# 2/3 Case No. 227/2025 corresponding to G.R. No.3937/2025 under Sections 143(3)/144(2)/144 of the BNS, 2023 read with Sections 3(2)(b)/4/5(1)(d)/6(1) (b)/8(a) of the Immoral Traffic (Prevention), Act, 1956. 3. The gist of the case is narrated in the FIR filed by Sunil Katowal, SI(P) of Paltanbazar Police Station, on 08.08.2025, is that on 07.08.2025 and 08.08.2025, based on receipt of certain confidential information, the police arrested the accused/applicant, along with the owner of Hotel Bilas, on suspicion of running the hotel as a brothel by facilitating prostitution. It was alleged that the accused/applicant arranged customers for certain women and allowed the premises of the hotel to be used for prostitution being a manager of the Hotel. 4. On receipt of the FIR, Paltanbazar P.S. Case No. 227/2025 was registered under the aforementioned sections against the accused/applicant as well as the owner of the hotel. 5. Ms. N.N. Hussain, learned counsel for the accused/applicant, submits that the accused/applicant was arrested on 08.08.2025 and has since remained in custody for the past 3 months and 11 days (101 days). She further submits that, in view of spending the mandatory maximum period of 90 days detention in jail, the accused/applicant is entitled to be released on default bail. 6. Mr. P. Barthakur, learned APP for the State, submits that the accused/applicant has already completed the mandatory period of detention in jail. 7. In view of the aforesaid submissions, this Court is of the view that the accused/applicant is entitled to be released on default bail. The Court directs that the accused/applicant shall be released on bail on furnishing a bail bond of Rs. 30,000/- with one surety of a like amount, to the satisfaction of the CJM, Kamrup Page No.# 3/3 (M), subject to the following conditions: (i) The accused/applicant shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The accused/applicant shall not tamper or hamper with the evidence or influence the witnesses connected with the case. 8. Accordingly, the instant bail application is disposed of. JUDGE Comparing Assistant