Gauhati High Court
Mozammil Haque @ Mojammil Hoque vs The State Of Assam on 23 August, 2021
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/2
GAHC010109722021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1686/2021
MOZAMMIL HAQUE @ MOJAMMIL HOQUE
SON OF LATE HABIBAR RAHMAN
R/O MISSION ROAD, WARD NO.03, KALABHANGA, P.S. BARPETA ROAD,
DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM
Advocate for the Petitioner : MR N J DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
23-08-2021 This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Mozammil Haque @ Mojammil Hoque, in connection with Barpeta Road Police Station Case No. 300/2021, registered under Sections 3(1)/3(2)(a)/4 of the Immoral Traffic (Prevention) Act, 1956.
Perused the petition and annexures furnished thereto including the case diary. Heard Mr. N.J Das, learned counsel appearing for the accused-petitioner. Also heard objection from Mr. Bankim Sarma, learned Additional Public Prosecutor, appearing for the State.
The allegation against the petitioner is that he had allowed the premises involved in this case to be used as brothel by the Manager/owner of the Page No.# 2/2 restaurant standing on the land belonging to the wife of the petitioner. On perusal of the penal provision relevant thereto as well as the fact of the case taken together with the period of detention of the accused-petition in custody for 34 days as on date, in the considered view of this Court further custodial detention of the accused-petitioner is not necessary in the interest of investigation of the case. Therefore, he is granted bail. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with a suitable surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Barpeta.
The direction for bail is further subject to the conditions that the accused- petitioner:
(a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Barpeta, without prior written permission from him;
(b) shall not hamper with the investigation, or tamper with the evidence of the case;
(c) 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 the Court or to any police officer.
(d) shall appear before the Investigating Police Officer once in a week for six weeks after his release on bail as and when called upon by the Investigating Police Officer till the investigation of the case is completed.
In terms of the above, this bail application stands disposed of. Return the case diary.
JUDGE Comparing Assistant