The Allahabad High Court has granted anticipatory bail to Samir alias Sultan alias Abu Sufian accused under the Immoral Traffic (Prevention) Act.
A Single Bench of Justice Ashutosh Srivastava passed this order while hearing a Criminal Misc anticipatory bail application filed by Samir alias Sultan alias Abu Sufian.
The application under Section 438 CrPC has been filed seeking anticipatory bail in Case under Sections 3, 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act and 14(C) of the Foreigners Act, Police Station Civil Lines, District Prayagraj.
Counsel for the applicant submitted that the applicant has been falsely implicated in the case. The allegation made in the FIR is that on the information of the Mukhbir, a Police Raid was made on the 2nd Floor of P-Squire Mall, which is situated adjacent to Civil Lines Bus Stand, Prayagraj. In the Police Raid more than 20 boys & girls were caught and FIR was lodged.
It is alleged that under the garb of Spa-Centre, a business of prostitution was being run. It is contended that no raid was conducted on the Spa-Centre run by the applicant.
Counsel further submitted that the applicant has not been named in the FIR and his name has surfaced in the statement of co-accused.
He also submitted that all the accused named in the FIR have already been enlarged on bail by the Sessions Judge.
He said that the case of the applicant stands at much better footing than that of the co-accused as neither the applicant has been named in the FIR nor there is any allegation against the applicant. At worst the case of the the applicant can be taken to be identical to that of the co-accused, who have already been enlarged on bail, as such he is also entitled to be enlarged on bail on the ground of parity.
Counsel for the applicant lastly submitted that the applicant has no criminal history and that in case, the applicant is enlarged on anticipatory bail, he will not misuse the liberty of bail.
It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.
AGA and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
“Having regard to the submissions made by Counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under the aforesaid sections not made out. At this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, the Court is of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report,” the Court observed.
In the event of arrest, the applicant, Samir alias Sultan alias Abu Sufian, be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) CrPC, on furnishing a personal bond of Rs 50,000 with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) The applicant shall make himself available for interrogation by a police officer as and when required;
(ii) The applicant 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 from disclosing such facts to the Court or to any police officer,
(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by hi, before the SSP/SP concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of the order independently without being prejudiced by any observation made by the Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the SSP/SP concerned within ten days from today, who shall ensure the compliance of the order.
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