Learned counsel for the applicant has argued that a first information report has been lodged by Sri Mahendra Singh Dev, ACP-I before P.S. Beta-2, District Gautam Budh Nagar beign FIR No. 0011 on 6.1.2022 at 13:42 hours under Sections 3/4/5/ 7(2)(a) of Immoral Traffic (Prevention) Act with an allegation that on the tip so sought to be received by the police officials, it came to the notice that prostitution was being done in the establishment being Sir Sweet Residency. Learned counsel for the applicant has further argued that as per the prosecution case, it has been alleged that the applicant is the owner of the said premises wherein the hotel is being constructed and he had committed the offence while practicing and encouraging prostitution and received earning therein. Learned counsel for the applicant has drawn the attention of this Court towards paragraph-12 of the bail, so as to contend that the applicant is not the owner of the hotel Sweet Residency, as he is just a trainee, who has been inducted two months back and he at no point of time was conversant with the fact that the aforesaid offence was being done in the premises in question. Learned counsel for the applicant has further drawn the attention of this Court towards paragraph-22 so as to contend that he has no criminal antecedents and he is a respectable person and is languishing in jail since 6.1.2022. Learned counsel for the applicant has further argued that even otherwise this is a first instance, wherein the said offences are said to have been committed, nonetheless he has not committed the said offence.
