Mohan Lal Ahirwar and Another Vs State of U.P. and Another

The present application has been moved seeking anticipatory bail in Case Crime no.515 of 2023, under Sections 3, 4, 5, 7 of Immoral Traffic (Prevention) Act, 1956, Police Station Shalimar Garden, District Ghaziabad, with the prayer that in the event of arrest, applicants may be released on bail.

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It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that the applicants have cooperated in the investigation and the charge sheet has already been submitted. It is further submitted that the applicants have no criminal history. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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On the other hand, learned A.G.A. has opposed the application for anticipatory bail.

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As per first information report, 16 persons, 7 men and 9 women were arrested from a house, in which, some illegal sex trade was being carried out. It is further submitted that in the first information report, the applicants were involved in the sex trade as a customer. It is further submitted that the

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NABAIL No. 8220 of 2025

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applicants were released by the police by giving notice under Section 41 Cr.P.C. and the charge sheet in this case has already been submitted. It is further submitted that the applicants are having no criminal history.

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It may be stated that in case of S iddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Mohan Lal Ahirwar and Sanjay Kumar involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :-

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(i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicants would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicants shall not leave India without prior permission of the Court concerned.

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