Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35743 of 2018 Applicant :- Romi Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Atul Shukla, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that there is provision u/s 15(2) Immoral Traffic (Prevention) Act, 1956, "that before making a search under sub-section (1) the special police officer or the trafficking police officer as the case may be, shall call upon two or more respectable inhabitants (at least one of whom shall be a woman) of the locality in which the place to be searched is situated to attend and witness the search, an may issue an order in writing to them or any of them so to do." The trafficking police officer has not followed the mandatory provisions of section 15(2) Immoral Traffic (Prevention) Act, 1956. It is also submitted that co-accused Roop Kumar having similar role has been granted bail by this Court vide order dated 05.09.2018 in Criminal Misc. Bail Application No. 33824 of 2018, a copy of said order has been produced by the learned counsel for the applicant, which is taken on record. It is also submitted that in the first information report it has specifically been said that Smt. Seema is running Brothel in her house but it is very surprising that Seema has not been made as accused in the first information report. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is a lady in jail since 16.07.2018 has no other criminal history and there is also no possibility of her either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that she will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Romi Singh be released on bail in Case Crime No. 1306 of 2018, under Sections 3, 4, 5, 6, 7 & 8 Immoral Traffic (Prevention) Act, 1956, Police Station- Loni, District- Ghaziabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.9.2018 Arti