Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 10 April, 2023
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/3
GAHC010055542023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./937/2023
DIPAK MUSHAHARY AND 2 ORS.
S/O- NILMONI MUSHAHARY, VILL.- LAKHANBARI, P.S. SERFANGURI,
DIST. KOKRAJHAR, ASSAM
2: SWMKWR NARZARY
S/O- DANDA NARZARY
R/O- VILL.- BATABARI
P.S. SERFANGURI
DIST. KOKRAJHAR
ASSAM
3: SWRANG MUSHAHARY
S/O- BANESWAR MUSHAHARY
R/O- VILL.- BHODEYAGURI
P.S. SERFANGURI
DIST. KOKRAJHAR
ASSA
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. B HALDAR
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
10.04.2023 Heard Mr. B. Haldar, learned counsel for the petitioners, namely, (1) Dipak Mushahary, (2) Swmkwr Narzary and (3) Swrang Mushahary.
The petitioners have prayed for bail under section 439 Cr.P.C. as they are languishing in the jail since 14.02.2023 in connection with Serfanguri P.S. Case No. 10/2023, under Sections 448/427/34 IPC, R/W Section 53 of Assam Excise Act, R/W Section 75/77 of Juvenile Justice (Care & Protection of Children) Act & R/W Section 3/5 of Immoral Traffic (Prevention) Act.
Heard Mr. M.P. Goswami, learned Addl.P.P. appearing for the State of Assam.
The FIR that was lodged by police, alleges that in a Dhaba some people were running a brothel. The petitioners are the brothers of the owner of the Dhaba as well as the employees.
They have already completed 55 days in judicial custody. Considering the period of detention already undergone by them in judicial custody, this Court is of the opinion that they do not deserve to be detained for any further period of time. Accordingly, their bail application is allowed.
The petitioner No. 1 namely, Dipak Mushahary, petitioner No. 2, namely, Swmkwr Narzary, and petitioner No. 3, namely, Swrang Mushahary are enlarged on bail in connection with the aforesaid case on furnishing bail bond of Rs.25, 000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Kokrajhar, under the conditions that the petitioners shall co-
Page No.# 3/3 operate with the investigation of the case, as and when called for.
The bail application stands disposed of.
JUDGE Comparing Assistant