Page No.# 1/3 GAHC010131032026 2026:GAU-AS:9471 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1733/2026 ATABUR RAHMAN AND 2 ORS. S/O AJIJUL HOQUE R/O VILL. NO.1 TOWN MOUZADAR GAON P.O. P.S. LUMDING DIST. HOJAI, ASSAM PIN-782447 2: AZAHARUL ISLAM S/O SAFIQUL ISLAM R/O VILL. NO. 2 DEBEN GAON NAUKHUTI BAZAR P.O. P.S. LUMDING DIST. HOJAI ASSAM PIN-782447 3: ASHADULLA S/O LT. ABUL KASHEM R/O VILL. NO. 3 MOUZADAR GAON NAUKHUTI BAZAR P.O. P.S. LUMDING DIST. HOJAI ASSAM PIN-78244 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : DARAK ULLAH, MR M RAHMAN,MS A HUSSAIN,SABRISH AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 09.07.2026 Heard Ms. A. Hussain, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. PP for the State. Page No.# 2/3 The petitioners, namely, (1) Atabur Rahman, (2) Azaharul Islam, and (3) Ashadulla, are seeking bail under Section 483 BNSS in connection with Nagaon P.S. Case No. 399/2026 under Section 143 BNS Act, read with Sections 3/4/5/7 of Immoral Traffic (P) Act. Pursuant to notice issued earlier, the learned APP has produced the case diary, which disposes sufficient materials against the petitioners of having indulged in immoral trafficking and also disposes that two victims were also recovered during the raid carried out at the concerned hotel and the Investigating Officer is of the view that the petitioners were engaged in the act encouraging prostitution. Be that as it may, as the petitioners, who have arrested on 31.05.2026, are in custody for the last 40 days, the Court is of the considered view that considering the length of detention, further custodial interrogation of the petitioners may not be necessary. Hence, the Court is inclined to grant bail to the petitioners, named above, in connection with the above case, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand only) each with one suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Nagaon. The bail is granted on the following conditions: I. That the petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required. Moreover, notice under section 35(3) of the BNSS is served at the address and/or place of residence. It would constitute due service of notice at the petitioner to appear before the I/O. II. That the petitioners 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 them from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe Page No.# 3/3 or influence or intimidate the prosecution witness. III. That the petitioners shall not obstruct the smooth progress of the investigation/trial. IV. That the petitioners shall not misuse their liberty in any manner. V. That the petitioners shall not jump over the bail. This application stands disposed of. Case diary is returned. JUDGE Comparing Assistant