Lalita v. State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48749 of 2022

Applicant :- Lalita Opposite Party :- State of U.P. Counsel for Applicant :- Pragati,Archana Jha,Shaili Ganguly Counsel for Opposite Party :- G.A.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

The present bail application has been filed by the applicant seeking bail in Case Crime No.02 of 2022, under Sections 3, 4, 5, 6, 7, 8, Immoral Traffic (Prevention) Act, 1956, Police Station- AHTU, District- Meerut.

As per the prosecution story, it has been alleged that on 28.09.2022, the applicant along with other co-accused persons were doing the crime of clicking obscene photography of minor and major girls in a hotel.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. It is further submitted that the applicant is only a worker in a hotel and she has no concern with the people found in the rooms of the hotel during the recovery. Further submission is that the co-accused Asif who has been assigned identical role as the applicant has been granted bail by the court below vide order dated 14.10.2022. Copy of the order has been annexed as annexure-2 to the affidavit. Further submission is that the applicant has no criminal history to her credit except the present one. It is further submitted that there is no independent witness of the alleged incident. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 29.09.2022, and the possibility of conclusion of trial in near future is very bleak.