Saddam Hussain v. The State of Assam

ORDER

23.04.2024

Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. This is an application made under Section 439 Cr.P.C., seeking bail by the petitioner, namely, Saddam Hussain, in connection with Jalukbari Police Station Case No. 122/2024, registered under Sections Page No.# 2/3 120(B)/370A(2)/34 IPC read with Section 3 of Immoral Traffic Prevention Act, 1956 added Sections 370A(1)/109/376 IPC. It is submitted by the learned counsel for the petitioner that the petitioner has been shown arrested in this case on 22.03.2024. However, he has been detained in custody for last 45 (forty-five) days as he was arrested on

07.03.2024 in connection with Jalukbari P.S. Case No.117/2024 registered under Section 120B/323/34/342/387/392/506 IPC. Learned counsel for the petitioner submits that one co-accused in connection with Jalukbari P.S. Case No.117/2024 registered under Section 120B/323/34/342/387/392/506 IPC has already been granted bail by the learned Additional Chief Judicial Magistrate, Kamrup(M) by order dated 14.03.2024. Learned counsel for the petitioner further submits that in this case FIR has been lodged by a Police Officer and there is no allegation against the present petitioner regarding alleged offences under Section 370A(1) IPC or illegal trafficking. Learned counsel for the petitioner, accordingly, submits that considering the length of detention, the petitioner may be enlarged on bail. On the other hand, learned Additional Pubic Prosecutor, Assam has produced the case diary and submits that the petitioner, who was arrested on

07.03.2024 in connection with Jalukbari P.S. Case No.117/2024 registered under Section 120B/323/34/342/387/392/506 IPC is a different case and not related to the present case. In the present case it has been alleged that the present petitioner was involved in conducting the illegal sex racket where the victims that is the sex workers were brought from different places and the accused used to take money as commission on daily basis from the sex workers. As such, learned Additional Public Prosecutor has strongly objected in granting bail to the petitioner. I have considered the submissions of the learned counsel for the parties. I Page No.# 3/3 have also perused the case diary along with the statement of the victim recorded under Section 164 Cr.P.C. It reveals that the petitioner was arrested in connection with Jalukbari P.S. Case No.117/2024 registered under Section 120B/323/34/342/387/392/506 IPC which was lodged on 06.03.2024 by the informant one Hamidul Hoque alleging that the informant therein was assaulted and extorted money. Subsequently, on

07.03.2024 another FIR was registered against the present petitioner i.e. Jalukbari P.S. Case No.122/2024 under Sections 120(B)/370A(2)/34 IPC read with Section 3 of Immoral Traffic Prevention Act, 1956 added Sections 370A(1)/109/376 IPC and the allegations in the 2 (two) FIRs are totally different from each other. On perusal of the case diary, it reveals that the statement of the victim girl recorded under Section 164 Cr.P.C. wherein she has stated that the girls were brought by a person in the house of one Babu Ahmed and he used to ask them to do sex with several persons. Though in the statement recorded under Section 164 Cr.P.C., it has not been specifically stated the involvement of present petitioner or others as the brokers, who supply the victim girls from different places, however, from the statements of the other witnesses recorded in the case, it transpires that the petitioner is very much involved in the alleged case. In view of the materials so far collected, this Court is of the view that this is not a fit case to grant bail to the petitioner. Accordingly, the prayer of the petitioner is rejected. The bail application stands disposed of accordingly. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010073792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1052/2024 SADDAM HUSSAIN SON OF SAMSER ALI, RESIDENT OF VILLAGE BALIKURI NC, PS KALGACHIA DIST BARPETA ASSAM VERSUS THE STATE OF ASSAM TO BE REP BY THE PP, ASSAM Advocate for the Petitioner : MR. I A HAZARIKA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI