Bin Amin v. The State of Assam

ORDER Date : 05-02-2024 Heard Mr. S.A.B. Khabir, learned counsel for the petitioner Bin Amin.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Patacharkuchi Police Station Case No. 358/2023 under Page No.# 2/2 Sections 372/373 of the Indian Penal Code read with Section 3/4/5/5(1)(b)/5(1)

(c)/6/7/7(1)(a) of the Immoral Traffic Prevention Act.

¶3Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent State.

¶4I have considered the submissions at the bar with circumspection and I have also perused the case diary. It is submitted on behalf of the petitioner that his name is not mentioned in the FIR and he is not involved in any immoral trafficking or any offence under Section 372/373 of the Indian Penal Code.

¶5The learned Additional Public Prosecutor has raised objection, stating that there are incriminating materials in the case diary against the petitioner. The petitioner is the co-owner of the Ashirbad Hotel and Restaurant where the racket of immoral trafficking act was uncovered and several objectionable articles were seized from the hotel in relation to the activities of immoral trafficking.

¶6A perusal of the case diary indeed reveals incriminating materials against the petitioner. The import of the Sections under which the petitioner is booked does not entitle him to anticipatory bail. At this juncture there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner.

¶7Bail is rejected at this stage.

¶8Anticipatory Bail Application stands disposed of in the above terms.

Send back the case diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010230372023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3479/2023 BIN AMIN S/O LATE SHAHJAHAN ALI R/O VILL- FINGUA GAON P.O. CHAPAR BARI P.S. SARTHEBARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S A B KHABIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND