SHIVAJI PRASAD GUPTA Vs. STATE OF C.G.

JUDGEMENT

(1.) This is the first bail application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.404/2016, registered at Police Station - Chavni, Durg , District - Durg (C.G.) for the offence punishable under Sec. 3, 4, 5 Prevention of Immoral Traffic Act.

(2.) Case of the prosecution, in brief, is that on 02.07.2016 in Apna Kesari Lodge, which was being run by the present applicant a raid was conducted and it was found that the lodge was being used for prostitution and according to the trap made Rs.500.00 was recovered from the possession of the applicant, which was given by one of the pointer, thereby the offence has been committed.

(3.) Learned counsel for the applicant submits that the applicant is the owner of the lodge, however, he was not involved in the crime. It is further submitted that the applicant is aged about 65 years of age and he was admitted in the hospital and the offence is triable by JMFC. It is further submitted that charge sheet in this case has been filed and the applicant is in jail since 02.07.2016, therefore, the counsel prays that the applicant may be enlarged on bail.