JAYESH JAGDISHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No.11196017211107 registered with Panigate Police Station, Vadodara City for offences punishable under Sec. 366A , 370(a) , 372 and 376(C) of IPC, Sec. 3 , 4 , 5 and 6 of the Immoral Traffic (Prevention) Act abd sec. 6 of the POCSO Act.

(2.) Learned advocate for the applicant submitted that the applicant has been shown as a customer in the brothel house, which is shown to be a flat. As per the prosecution case, there were three customers in the waiting area, including the applicant. It is submitted that the two other customers, who are also arraigned as accused, have already been enlarged on bail. Before any illegal act had been conducted, the police had raided the premises and the applicant came to be arrested. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Learned APP submitted that during the raid, six women were found and one amongst them was found to be a minor. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.