ATMIYA BHUPENDRABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No. 11196030240025 of 2024 registered with the Sayajiganj Police Station, District Vadodara for the offence punishable under Ss. 3, 4, 5 and 9 of the Immoral Traffic (Prevention) Act.

(3.) Learned advocate Mr. Nasir Saiyed appearing on behalf of the applicant has submitted that the so called incident has occurred on 9/1/2024 and on the same day, FIR was registered and the applicant is arrested on 9/1/2024 and since then the applicant is in judicial custody. Learned advocate for the applicant further submitted that the applicant is not owner of the brothel house and he was just a customer and at the time of raid, the applicant was found available in the room along with one lady. Learned advocate, therefore, submitted that considering the role attributed by the applicant at the time of commission of crime as well as considering the penal provisions mentioned in the statute, the applicant may be enlarged on bail.