Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33458 of 2019 Applicant :- Ashok Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Madan Lal Rai Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State as well as perused the documents on record.
This instant bail application has been filed on behalf of the applicant Ashok Kumar with a prayer to release him on bail in Case Crime No.11 of 2019, under Sections 3, 4, 5, 7 and 8 of I.T.P. Act; (Immoral Traffic (Prevention) Act), Police Station A.H.T.U., Meerut, Delhi during the pendency of trial.
As per prosecution story, applicant-Ashok Kumar is manager of the hotel-Shahil, where a raid was made by the police and seven persons were arrested including the applicant. On the basis of the evidence found on the spot and the immoral activity which was going on in contravention of the provisions of the Immoral Traffic (Prevention) Act, 1956, a first information report under Sections 3, 4, 5, 7 and 8 of the Immoral Traffic (Prevention) Act, 1956 was lodged against the applicant and other accused persons.
The submission of the learned counsel for the applicant is that the applicant has falsely been implicated in the present case due to ulterior motive. It is further submitted that neither any immoral traffic activities was done by the applicant nor money was recovered from the applicant. There is no independent witness. It is lastly submitted by the learned counsel for the applicant that other co-accused persons have already been enlarged on bail, who were arrested from the same hotel, photo stat copies of the bail orders have been produced before the Court during arguments of this case, which have been kept on record. The applicant has no criminal antecedent and is languishing in jail since 17.07.2019 and in case he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA opposed the prayer for bail by submitting that the applicant was arrested on the spot, while he was running from the spot. It is further submitted that co- accused of this case, who have already enlarged on the bail, are only visitors whereas the case of the applicant stands on a different footing, as he was the Manager of the hotel in which raid was conducted by the Police.
Having considered the rival submissions of learned counsel for the parties, facts and circumstances of the case the applicant herein is not entitled for bail on the ground of parity as he is the Manager of the hotel.
The bail application is accordingly, rejected. Order Date :- 29.11.2019 Pr/-