Allowed¶28

Hasen Ali Mondal v. the State of Assam

Bail – Section 483, BNSS, 2023

Gauhati HC16 Jun 2025Bail Appln./1962/2025

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What is this about?

Gauhati High Court bail order dated 17.06.2025 in Bail Appln./1962/2025 (linked Bail Appln./1968/2025) by Justice Parthivjyoti Saikia allowing bail under Section 483 of the BNSS, 2023 for Hasen Ali Mondal and Hamidul Islam, arrested in Kajalgaon P.S. Case No.78/2025 (Chirang); FIR by a students' organisation alleging prostitution run in a beauty parlour; 28 days of judicial custody taken as ground for release; bail fixed at ₹20,000/- with like sureties before CJM Chirang, Kajalgaon; petitioners represented by Mr. A Ahmed (with Mr. M A Choudhury and U U Khan), State by Mr. K.K. Parasar, Addl. Public Prosecutor.

What did the court decide?

Release of both petitioners on bail of ₹20,000/- with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Chirang, Kajalgaon. ¶28

Hasen Ali Mondal Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

Page No.# 1/3

GAHC010129422025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Bail Appln./1962/2025

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HASEN ALI MONDAL S/O ABUBAKKAR SIDDIQUE R/O VILL- BARTALOWA P.S. KAJALGAON DIST. CHIRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MR. M A CHOUDHURY,U U KHAN

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Advocate for the Respondent : PP, ASSAM,

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Linked Case : Bail Appln./1968/2025

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HAMIDUL ISLAM S/O MIZAR UDDIN SHEIKH R/O VILL- KAWATIKA P.S. BIJNI DIST. CHIRANG ASSAM

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Page No.# 2/3

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VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP ASSAM

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-----------Advocate for : MR. A AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

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:: BEFORE ::

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HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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O R D E R

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17.06.2025

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Heard Mr. A. Ahmed, learned counsel appearing for the petitioners. Also heard Mr. K.K. Parasar, learned Addl. Public Prosecutor, Assam.

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2. These applications are filed under Section 483 of the BNSS, 2023 whereby the petitioners Hasen Ali Mondal & Hamidul Islam have prayed for releasing them on bail after they were arrested in connection with Kajalgaon P.S. Case No.78/2025.

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3. One particular students organization had lodged an FIR before police alleging that these petitioners were involved in a act of prostitution run in a Beauty Parlour. They were allegedly beaten up and handed over to police.

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4. Mr. Parasar has pressed for calling for the Case Diary.

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5. Mr. Ahmed has submitted that both the petitioners have spent 28 days in judicial custody. According to Mr. Ahmed, considering their period of detention already undergone, the bail applications should be considered.

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6. I have considered the submissions made by the learned counsel of both sides.

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7. Under the given circumstances, the period of detention already undergone by the petitioners deserve to be taken as a ground for releasing them on bail. Therefore, both the bail applications are allowed.

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8. The petitioners Hasen Ali Mondal & Hamidul Islam, who were arrested in connection with Kajalgaon P.S. Case No.78/2025, shall be released on bail of ₹20,000/- with sureties of like amount to the satisfaction of the learned Chief Judicial Magistrate, Chirang, Kajalgaon.

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With the aforesaid direction, both the bail applications are disposed of.

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JUDGE

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Hasen Ali Mondal v. the State of Assam

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Hasen Ali Mondal v. the State of Assam

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