Page No.# 1/4 GAHC010148592026 2026:GAU-AS:10246 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2011/2026 SRI MONTAN NARAH AND ANR S/O SRI KHAGEN NARAH, R/O NAMONI KHORAH CHAPORI, P.S. PANIGAON, DISTRICT LAKHIMPUR, ASSAM. 2: SRI MANESH TAID S/O SRI KANAK TAID R/O NAMONI KHORAH CHAPORI P.S. PANIGAON DISTRICT LAKHIMPUR ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 27.07.2026 Heard Mr. A Khanikar, learned counsel for the petitioners. Also heard Mr. R J Page No.# 2/4 Baruah, learned Addl. Public Prosecutor for the State of Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for granting of regular bail to the petitioners, namely, Sri. Montan Narah and Sri. Manesh Taid, in connection with Dhakuakhana Police Station Case No. 41/2026, registered under Section 3/4/6 of the Immoral Traffic (Prevention) Act, 1956, read with Section 61(2) of BNS, 2023. 3. Brief facts of the case is that the present petitioners were arrested from the house of one Junahi Gohain, along with two other girls and it is alleged that the said Junahi Gohain is involved in running a prostitution business. It has been stated that in the forwarding report with the present petitioners had committed offence by involving themselves in anti-social activities in the house of the said Junahi Gohain, which prima facie indicates that the petitioners were customers themselves. 4. It is submitted on behalf of the petitioners that the customers cannot be made liable under Sections 3, 4 & 6 of the Immoral Traffic (Prevention) Act, 1956, and reference has been made to the decision of the High Court of Andhra Pradesh in Criminal Petition No. 6733 of 2021, wherein two other precedents taking the same view have also been referred to. Page No.# 3/4 5. Be that as it may, having regard to the nature of the allegations and the period of detention of 17 days undergone by the petitioners, as well as the submissions of the learned counsel for the petitioners, further detention of the petitioners is not considered to be necessary. Accordingly, the prayer for bail is allowed. 6. Accordingly, the petitioners named above shall be released on bail in connection with Dhakuakhana Police Station Case No. 41/2026, registered under Section 3/4/6 of the Immoral Traffic (Prevention) Act, 1956, read with Section 61(2) of BNS, 2023, Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dhakuakhana, Lakhimpur, Assam, subject to the following conditions: i. That the petitioners shall not leave the territorial jurisdiction of the learned Sub-Divisional Judicial Magistrate, Dhakuakhana, Lakhimpur, Assam, without prior written permission from the Court; ii. That the petitionesr 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 such person from disclosing such facts to the Court or to any police officer. Page No.# 4/4 iii. That the learned Sub-Divisional Judicial Magistrate, Dhakuakhana, Lakhimpur, Assam, may impose any additional condition(s) if the Court deems it fit and proper to do so to procure the attendance of the petitioners during trial. 7. If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioners. 8. With the aforesaid directions, the bail application is disposed of. JUDGE Comparing Assistant