Page No.# 1/3 GAHC010102282026 2026:GAU-AS:8085 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1360/2026 MAFIZ ALI S/O CHAMEJ ALI, R/O RAKHYASINI GAROPARAPART -I, P.S.- MORNAI, GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, S NAZNIN,MS R DEKA,MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 09-06-20 26 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. I. U. Choudhury, learned counsel for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 of the BNSS, 2023, praying for grant of bail to the accused/petitioner, namely, Mafiz Ali in connection with Goalpara P.S. Case No. 53/2026 registered under Sections 61(2)/143 of Page No.# 2/3 BNS, read with Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act, 1956. 3. The case was fixed today for production of the case diary, but it is submitted by Mr. Das, learned APP that the case has already been charge sheeted vide Charge Sheet No. 80/2026 dated 30.05.2026 and accordingly, he submitted that the petitioner may be directed to file a petition seeking regular bail before the learned Trial Court, which may be considered in accordance with law. 4. In that context, Mr. Choudhury, learned Senior Counsel submitted that the accused petitioner was arrested in connection with this case on 11.04.2026 and till today, he is in custody for 59 days and hence, considering his period of detention, he may be released on bail. He further submitted that the case is registered under Sections 61(2)/143 BNS, read with Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act wherein the statutory period is 60 days. The I.O. got sufficient opportunity also to interrogate him, keeping him in custody and hence, further custodial detention of the petitioner may not be required for the purpose of investigation of the case. 5. Mr. Das, learned APP raised objection and submitted that he cannot submit on the merit of the case. However, the present petitioner is an FIR named accused and he was arrested on the spot along with other co-accused of the case. 6. Mr. Choudhury, learned Senior Counsel further submitted that five numbers of accused persons were arrested at that time, out of which four petitioners have already been granted bail by the learned Trial Court and hence, considering the case of the present petitioner on the same footing, he may also be released on bail on the ground of parity. Page No.# 3/3 7. Considering the submissions made by the learned counsel for the parties without going other detail into the merit of the case and only considering the length of detention undergone by the present petitioner, this Court is of the opinion that the petitioner is entitled to go on bail. 8. Accordingly, the accused/petitioner, namely, namely, Mafiz Ali, be released on bail in connection with Goalpara P.S. Case No. 53/2026 registered under Sections 61(2)/143 of BNS, read with Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act, 1956, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned CJM, Goalpara subject to the following condition:- (i) that the petitioner 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/her from disclosing such facts to the Court or to any police officer. 9. With the above observation and direction, this bail application stands disposed of. 10. Return the case diary herewith. JUDGE Comparing Assistant