Regular bail sought by a hotel owner booked under BNS and Immoral Traffic (Prevention) Act provisions for allegedly facilitating prostitution at his hotel. The court held that knowledge of the hotel's use for prostitution did not require his detention and allowed bail.
Bail application allowed; interim bail made absolute.
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GAHC010181562025
2025:GAU-AS:14815
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2675/2025
KIRAN KR GOGOI ALIAS KIRAN KUMAR GOGOI S/O LATE DILIP GOGOI PERMANENT RESIDENT OF MURTIA GAO, P.O. SAPATIA P.S. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM, PRESENTLY RESIDING AT HOUSE NO.07, TOLOSTOY MARG, P.S. HATIGAON GUWAHATI-781038, DIST. KAMRUP (M), ASSAM
VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY,
Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 03.11.2025 1. Heard Mr. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.
2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023, for granting regular bail to the petitioner in respect of Paltanbazar Police Station Case No.227/2025 (corresponding to G.R. No.3937/2025) under Sections 143(3)/144(2)/144 of the BNS, 2023, read with Section 3(2)(b)/4/5(1) (d)/6(1)(b)/8(a) of Immoral Traffic (Prevention) Act, 1956.
3. The petitioner is the owner of the hotel, called Bilas hotel, situated at Guwahati. 4. On 07.08.2025 at midnight Police found some girls and boys near the hotel when Police arrived, some of them ran away and some of them entered into the Bilas hotel. Police went into the hotel and met the manager Simanta Bora, from whom the Police came to know about the names of the girls, who entered into the hotel at that time.
5. According to the informant, the girls were involved in prostitution and the whole hotel had facilitated prostitution by many girls. Police also came to know that the petitioner being the owner of the hotel had knowledge about all these things.
6. Learned counsel for the petitioner has submitted that according to Section 13 of the Immoral Traffic (Prevention) Act 1956, a Sub-Inspector has no right to appear in such a case. The law states that there should be one Special Police Officer, not below the rank of an Inspector of Police.
7. I have considered the submissions made by the learned counsel for both sides. 8. Mr. Das, learned Additional Public Prosecutor has objected to this bail application.
9. This Court is of the opinion that since the petitioner being the owner of the hotel had the knowledge that his hotel was been used by someone for prostitution
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does not require him to be detained in custody.
10. Therefore, the bail application is allowed.
11. The interim bail granted to the petitioner is made absolute.
12. With the aforesaid direction, this bail application is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Should the hotel owner be granted regular bail under Section 483 BNSS in a prostitution-facilitation case under the BNS and Immoral Traffic (Prevention) Act?
3 provisions across 3 enactments
Kiran Kr Gogoi alias Kiran Kumar Gogoi
The State of Assam rep. by the PP, Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
