In a bail application under Sections 3, 4, 5, 7(2)A of the Immoral Traffic (Prevention) Act, the court allowed the release of the applicant on furnishing a personal bond and two sureties, imposing standard conditions.
Release on bail by furnishing personal bond and two reliable sureties subject to conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29253 of 2019
Applicant :- Kajal @ Priya Opposite Party :- State Of U.P. Counsel for Applicant :- Fatma Khatoon Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Parcha filed by Sri Rakesh Kumar Srivastava, Advocate on behalf of applicant is taken on record.
Heard Ms. Fatma Khatoon and Sri Rakesh Kumar Srivastava, learned counsel for the applicant, learned AGA for the State and perused the material available on record.
This bail application has been filed by the accused-applicant Kajal @ Priya, who is involved in case crime No. 697 of 2019, under Sections 3, 4, 5, 7(2)A of Immoral Traffic (Prevention) Act, Police Station Noida Sector-20, District Gautam Budh Nagar.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that applicant had gone for spa, where the raid was conducted by the police. The applicant has not involved in the activities as alleged in the FIR. The allegations made against the applicant are totally false and fabricated and she has not committed any offence of immoral trafficking. She has no concern with the alleged recovery. It is next submitted that similarly placed co-accused persons, namely, Abhijeet Kumar Singh, Annie, Netthafet alias Tan, Smt. Gayatri alias Mona, Tannu alias Sonam, Jintana, May, Meya alias Maya, Kandy Valiyang, Shashi Deo Malik, Manoj Agarwal, Vikas Jain and Madhu Chauhan alias Divya, have been granted bail by the lower Court vide order dated 08.07.2019. It is also submitted that similarly placed co-accused Bhanu alias Divya, Sara Thakur @ Sana, Kholthiyanhait alias Trasi, Lili @ Lilani, Siri @ Pinki and Meera have been granted bail by a co-ordinate bench of this Court vide orders dated 01.08.2019, 05.08.2019, 31.07.2019 and 05.08.2019 in Criminal Misc. Bail Application Nos. 30914 of 2019, 30979 of 2019, 31336 of 2019, 30366 of 2019, 30582 of 2019 and 31338 of 2019 respectively. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 31.06.2019. She does not have any criminal history to her credit. In case, the applicant is released
on bail, she will not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail, she will misuse the liberty of bail.
Considering the facts and circumstances of the case, rival contention of learned counsel for parties, detention in jail and without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Kajal @ Priya be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 13.9.2019 I.A.Siddiqui
1 issue framed by the court
Whether the applicant is entitled to release on bail in proceedings under the Immoral Traffic (Prevention) Act.
Kajal @ Priya
State Of U.P.
Rajendra Kumar
Siddiqui
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
