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2026 Supreme(Online)(Gau) 23233

THE GAUHATI HIGH COURT
Kalyan Rai Surana, J
MD RABBUL ISLAM ALIAS RABBUL ISLAM – Appellant
Versus
THE STATE OF ASSAM – Respondent
Bail Appln./1744/2026



Advocates:
For the Appellants/Petitioners: Sayed Salim Ahmed, S Uddin
For the Respondents: PP, Assam

Bail may be granted when the length of detention indicates that further custodial interrogation is no longer necessary, provided reasonable conditions are imposed to ensure the petitioner's cooperation with the investigation.

Headnote:The petitioner sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with a case registered under Section 143 of the BNS and Sections 3, 4, 5, and 7 of the Immoral Traffic (Prevention) Act, 1956. The prosecution alleged that the petitioner was engaged in encouraging prostitution, noting that two victims were recovered during a raid at a hotel. The court examined whether further custodial interrogation was necessary given the period of detention. The court observed that the petitioner had been in custody since 31.05.2026 and had remained detained for 40 days. The application stands disposed of.

ORDER

Heard Mr. A. K. Hannan, learned counsel appearing on behalf of Mr. S. Uddin, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. PP for the State.

This instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Md. Rabbul Islam @ Rabbul Islam, has prayed for bail in connection with Nagaon P.S. No. 399/2026 under Section 143 of BNS R/W Section 3/4/5/7 of Immoral Traffic (Prevention) Act, 1956.

Pursuant to notice issued earlier, the learned APP has produced the case diary, which disposes sufficient materials against the petitioner 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 petitioner was engaged in the act encouraging prostitution.

Be that as it may, as the petitioner, who was arrested on 31.05.2026, is 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 petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, named above, in connection with the above case, on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand only) 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 petitioner shall make himself 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 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 from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

III. That the petitioner shall not obstruct the smooth progress of the investigation/trial.

IV. That the petitioner shall not misuse his liberty in any manner.

V. That the petitioner shall not jump over the bail.

This application stands disposed of.

Case diary is returned.

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