SHEELABEN ANTHONY MARSHAL ALMODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with First Information Report being C.R.No. II-02/2018 registered with Fatehgunj Police Station, Vadodara City, for the offences punishable under Sections 3, 4, 5, 6 and of the Immoral Traffic (Prevention) Act.

(2.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State.

(3.) Learned advocate for the applicant submits that the applicant is an innocent person, however she has been falsely implicated in the alleged offence. It is submitted that there is no direct or indirect evidence against the applicant that she is doing immoral activity. It is further submitted that there is no prima facie case against the applicant. It is further submitted that substantial part of investigation is over, and therefore, there is no possibility of tampering with the evidence. It is further submitted that the applicant is lady accused aged about 66 years, having root in Vadodara District and also having responsibility towards her family, therefore, there is no likelihood of her running away from the trial and her presence can be secured at the time of trial by imposing suitable conditions. Learned advocate for the applicant submits that the applicant will not indulge in such kind of activity in future and the applicant will do some other job or Gruh Udhoyg and for that purpose they will approach District Welfare Social Office and Director of Cottage Industries within a period of three weeks from the date of her release. It is lastly submitted that the applicant is ready and willing to abide by the terms and conditions that may be imposed by this Court, and therefore, considering the nature and gravity of the accusation made against the applicant, she may be enlarged on regular bail by imposing suitable conditions.